ADDAMEER (Arabic for conscience) Prisoner Support and Human Rights Association is a Palestinian non-governmental, civil institution that works to support Palestinian political prisoners held in Israeli and Palestinian prisons. Established in 1992 by a group of human rights activists, the center o ers free legal aid to political prisoners, advocates their rights at the national and international level, and works to end torture and other violations of prisoners' rights through monitoring, legal procedures and solidarity campaigns.

Addameer's Vision: Addameer believes in the importance of building a free and democratic Palestinian society based on justice, equality, rule of law and respect for human rights within the larger frame- work of the right to self-determination. Addameer's work is based on a belief in the univer- sality of human rights as enshrined in international law.

Addameer's Goals: 7 29800000 80000 0 End torture and other forms of cruel, inhuman and degrading treatment inicted upon Palestinian prisoners; Abolish the death penalty; End arbitrary detentions and arrests; Guarantee fair, impartial and public trials; The Economic Exploitation of Support political prisoners and their families by providing them with legal aid and social and moral assistance and undertaking advocacy on their behalf; Push for legislations that guarantee human rights and basic freedoms and ensure their Palestinian Political Prisoners implementation on the ground; Raise awareness of human rights and rule of law issues in the local community; Ensure respect for democratic values in the local community, based on political diversity and freedom of opinion and expression; Lobby for international support and solidarity for Palestinians’ legitimate rights.

Contact: Addameer Postal Address: P.O.Box 17338, Jerusalem Telephone: + 972 (0)2 296 04 46 Ramallah Oce: 3 Musa Tawash Street, Fax: +972 (0)2 296 04 47 Prisoner Support and Human Rights Association E-mail: [email protected] Sebat Building,1st Floor, Ramallah 2016 Web: www.addameer.org 2016 © Addameer Prisoner Support and Human Rights Association P.O.Box Jerusalem, 17338 Tel: +972 (0)2 296 0446 +972 (0)2 297 0136 Fax: +972 (0)2 296 0447 Email: [email protected] Website: www.addameer.org Ramallah, Al-Masyon, Rafiden Sq. Musa Tawash St. Sabat Bldg. 1st Floor, Suite 2

Cover photo designed by Hafez Omar

Table of Contents

SECTION 1 5 RESEARCH ON ECONOMIC EXPLOITATION OF PALESTINIAN PRISONERS

SECTION 2 13 ECONOMIC EXPLOITATION IN ISRAELI PRISONS

SECTION 3 27 LEGAL ANALYSIS OF ECONOMIC EXPLOITATION

SECTION 4 57 ADDITIONAL IMPACTS OF IMPRISONMENT ON PALESTINIAN ECONOMY

Palestinians is further central to the systematic economic exploitation to thesystematiceconomic is furthercentral Palestinians or herbodyreturnedfor burial. In this regard,arrestanddetentionof executed Palestinian is requiredto pay abailinorderto have thehis required to pay for their demolishment. The familyof an extrajudicial orders are families whosehomesaregivendemolition Palestinian regard andeconomicexploitationpervadesallfacetsoftheoccupation. among thesubjects. rebellion The Israeliregimeisnodifferent inthis a and administeringcolonialregimeto control, exploit andquell militaryoccupation is akeyfacettoentrenching Economic exploitation be coveredhere. not will Golan Heights practices intheSyrian and imprisonment from itin1982 Israel withdrew until peninsula prisoners fromtheSinai holding andcivilians,aswell theprisons and Syrian soldiers Lebanese Jordanian, 1 were re-arrestedbyIsraeli forces prisoners dozens ofthereleased Frontiers, 2012). (No Legal of 2011,exchange After theprisoner which currentlyoversees almostallof political prisoners Palestinian the controlofIPS, werebroughtunder of interrogationfacilities, the year 2000, the vast majority of facilities, barring a small number in militaryaswell as IPSfacilities,following have beenimprisoned been founded). historically,Although prisoners political Palestinian the Palestinian by Israelhad imprisoned been have Authority not (PA), prisoners(someofwhom might which alsoholdsPalestinian of thePalestinian the establishment canteens and prison Authority to the twoIntifadas(eachleadingmassarrests), the privatizationof prisoners. events relevanttotheissueofPalestinian These include covered hereismarkedbymanyimportant The historicalperiod of theregimeoccupation,from1985untilpresent. maintenance play inthe focus ontherolethatprisons withaparticular Gaza in1967, over 800,000 Palestinians sincethe occupation of the West Bank and This report addressesto the economic aspectsof the imprisonment of of Palestinians. of Egyptian, the 1948borders,imprisonment inside tocontrol thePalestinianpopulation The useofprisons Executive Summary Palestinian PoliticalPrisoners Economic Exploitationof 1 1

Economic Exploitation of Palestinian Political Prisoners 2 authorities systematically economically exploit Palestinian prisoners. as a way to exploit prisoners. Through our interviews with prisoners Through our interviews with prisoners as a way to exploit prisoners. regarding money paid for food and hygiene disciplinary products, fines, medical careand education, our research finds thatthe Israeli in the prisons, including the trajectory of privatization of the prisons, the privatization of prisons,including trajectory of in the the forced labor of Palestinians, and the establishment canteens of prison break apart Palestinian resistance. break apart Palestinian resistance. economic exploitation overview of historical paper includes a The systematic damage to the Palestinian economy is obscured. This is systematic damage to the Palestinian economy is obscured. part of Israel’s sophisticatedsystem of control put in place in order to the context of the collective plight of all Palestinian prisoners. This the context of the collective plight of all Palestinian prisoners. the economic needs of the prisoners reality threatens to transform from a collective issue individual into an problem, through which the individual prisoners with particular needs to look for a solution to their solution to a look for individual needs to prisoners with particular specific problem, rather than to see their individual within problem prisoners, their families and political organizations in the OPT have prisoners, their families and political organizations in the OPT been to provide funding prisoners to to help them survive. Israel’s negligence prisoners of the rights of the puts extreme pressure on population under international human rights and humanitarian law. population under international human rights and humanitarian law. the these obligations is that meet to Israel’s failure implication of One that includes extensive interviews and the implementation of surveys. interviews and the implementation that includes extensive legal obligations imprisoned This paper will also detail Israel’s towards the social impacts of direct and indirect exploitation of direct and indirect exploitation social impacts on prisoners and their several years on research conducted over report is based The families. This paper concerns itself with the economic exploitation itself with the economic This paper concerns of Palestinian political prisoners It relates how Israeli authorities and private companies economically exploit Palestinians detention and traces the in Israeli attention of international media to prisoners’ issues. issues. media to prisoners’ of international attention years 2012 and 2013 against administrative detention, ill-treatment, ill-treatment, detention, against administrative and 2013 years 2012 solitary confinement, and restrictions onfamily visitation also sparked the drawing Strip, and the Gaza Bank West throughout the protests and continue to be. Mass hunger strikes by Palestinian prisoners in the prisoners in the by Palestinian hunger strikes Mass be. to and continue Economic Exploitation of Palestinian Political Prisoners 7 RESEARCH ONECONOMIC PALESTINIAN PRISONERS

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Economic Exploitation of Palestinian Political Prisoners 4

Economic Exploitation of Palestinian Political Prisoners be soldatpriceshigherthanthePalestinianmarketvalue. to 2011 continue survey. since products Generally,significantly these not varied have continue canteens in theprison sold products hygiene of foodand that theprices indicated 2016 in September conducted Palestinian Authority’s MinistryofPrisoners Affairs. the mostnotably with keystakeholders, and meetings analysis with prisoners, interviews familymembers, price comparison This study is based on years of data collection from first-hand accounts between October and December2011. prisoners wereconductedbetween JulyandSeptember2011; and interviews withex-prisonerswereconducted 2 participants. Answers wereself-reported inthesurveys. of the all to interview questionnaires standardized used researchers Bank, Jerusalem,andthe1948 Territories. lawyers and Addameer (Tableimprisonment are fromGaza,theWest 1). Prisonerssurveyed their about theirpaymentstothecanteenduring were interviewed their lawyersaboutpaymentstothecanteen;and26ex-prisoners by paid duringimprisonment; 72currentprisonerswereinterviewed they that fines disciplinary the regarding interviewed were prisoners interviewed aboutanimprisonedfamilymember; 43 currentandex- in total.49familymemberswere were conducted formal interviews frominterviews the prisons.In2011,inside the “costofliving” regarding members derive report this in and theirclosefamily with currentprisoners,ex-prisoners conducted findings the of majority The Interviewswithfamilymemberswere conductedbetweenMayand August 2011; interviewswithcurrent Survey Methodology

General Questionnaire RESEARCH ONECONOMICEXPLOITATION OF Disciplinary Fines Canteen TOTAL INTERVIEWS CONDUCTED:190 PALESTINIAN PRISONERS Table 1.SurveyBreakdown Prisoners N/A 72 5 43 Ex-Prisoners N/A 26 A follow-upsurvey Familymembers N/A N/A 49 2 190

Economic Exploitation of Palestinian Political Prisoners 6 Palestinian prisoners, families of prisoners, the Palestinian society, Palestinian prisoners, families of prisoners, the Palestinian society, and the PA. and should not in any way deviate from the intrinsic descriptive and these estimations are meant to provide qualitative analysis. Rather, some indication of certain types of economic exploitation faced by of data, which will be detailed in the limitations section below. The of data, which will be detailed in the limitations section below. figures used in this study are not meant to be decisive or conclusive, names are omitted from the list below. names are omitted from the list faced many obstacles in collection Addameer’s lawyers and researchers Sahour, Jenin, Sarta, and Tulkarem. The same products were matched The Tulkarem. and Jenin, Sarta, Sahour, brand although the and for quantity, for brand name when possible brands and choose a cheaper or preferred option. brands and choose a cheaper products from shops in Beit collected prices for the Addameer staff choice but to purchase the items available choice but to purchase the items in the canteen (even if their prices are high), while non-incarcerated people may select among taken in the case of price discrepancies taken in the case of price discrepancies between the canteens. In cases matched, the prices were compared where the brand could not be This with is to a reflectsimilar theproduct. fact that prisoners have no Furthermore, the lists were incomplete, and certain products were only incomplete, lists were Furthermore, the simple average was A available in certain prisons but not in others. price lists to Addameer’s lawyers. While the canteen supplier Dadash price lists to prisons, we found that uniform prices across all is required to have prisons. there were discrepancies of the same item in different in cost By request, three prisonsBy request, three (Naqab, Damon Ofer) provided and canteen and hygiene products from the canteen, Addameer compared canteen and hygiene from the canteen, products the same prices of with Israeli Prison Service the by provided price lists markets. products from Palestinian To analyze the economic exploitation through the purchase of food food through the purchase of economicexploitation the analyze To was collected was collected Prison IPS (Israeli from the the and from Service) between 2010 Affairs Prisoners Ministry of (PA) Authority Palestinian and 2012. Supplementary data on price lists and allocated budgets for prisoners prisoners Supplementary for allocated budgets price lists and data on Economic Exploitation of Palestinian Political Prisoners due to various reasons, including changes in canteen prices overtime in canteen changes reasons,including due tovarious We andcanteencosts expense regarding discrepancies anticipated efficiency intheprisoner’skitchenette. which couldaffect spendingcosts overall in certaincases,suchas the account forthedifferencesof prisonersineachcell, inthedistribution in thecell. based onthenumberofprisoners This methodwasusedto expenses, weightsweregiventotheanswers estimating collective equally,weighted were responses individual all expenses, butfor costs and individualof imprisonment. For estimating individual Through thedatacollected,weattemptedtoanalyzebothcollective supplied mealsdegraded, forcingtheprisonerstopurchase andpreparetheirownmeals. prepare foodcollectively. This processovertheyearsasquantityand quality of developed the prison- 3 them, andthereforeneglectedtomentionit. consider moneyreceived from the PA or political parties to belong to We speculate that this may be dueto the fact that prisoners didnot or not they had usedfundsthat they received from a political party. did notmentionmoneyspentonfood,nor theymentionwhether expenditure. Another limitationarose from the fact that some prisoners confusion overthenatureof the varioussources of the moneyandits due to responses are evidentinthequestionnaire Some discrepancies used tocalculatetheinformation. statistics were quantitative Overall, basic selected. was the median In the eventofin a discrepancy responsesin the questionnaires, by theIsraeliPrisonService. with canteenpricelistsobtained interviews in differentand of timeintheprison the and fact-checking prisons, lengths various serving prisoners to accountforthisbyinterviewing memoryofthecostsandexpenses.Weor alapseintheprisoners’ tried Palestinian prisoners have small, limited and controlled “kitchenettes” in the cell where the purchase and the purchase where “kitchenettes” inthecell small, limitedandcontrolled have prisoners Palestinian Limitations andReportingErrors Methods Statistical Analysis 7 3

Economic Exploitation of Palestinian Political Prisoners 8 The prisoners’ estimation of their total expenditure was inflated, was expenditure total their of estimation prisoners’ The or higher than what they actually spent due to recollection error. in the total monthly expenses. Items purchasedwith money Items in the total monthly expenses. also fall into this category. or political parties may the PA from In these cases, the total expenditure reported was probably underestimated. survey. This could indicatethe prisoner did not include This could that survey. in the total expenditure that were paid for by external items political parties). For example, actors(i.e. families, the PA, the prisoner cigarettes, the the prisoner’s family bought if her own canteen his or from cigarettes buy the prisoner did not account, and have therefore may not included the expenditure excluded total expenses items, and thus their were likely to be higher than the total reported. The prisoner’s estimation their of total expenditure was lower than the tallied sum of the expenditures on items listed in the materials. Prisoners may have included their expenses on have materials. Prisoners may total expenditures. these items when reporting their Prisoners participating survey did in the not include their It expenditures on items not explicitly included in the survey. is likely that most respondents did have other expenses from The prisoner’s estimation of their total expenditure was higher estimation of The prisoner’s canteen items the expenditures on of sum tallied than the canteen the purchased at Many items survey. listed in the for example: by prisoners were not included in the survey, clothing, medical items, recreational and educational items 4. 3. 2. 1. possible scenarios were noted: possible scenarios with the prisoner’s own estimation of their total expenditure from expenditure from their total of estimation prisoner’s own with the Upon examination of potential discrepancies, several the interview. and may be subject to bias due to self-reporting. We can tease out can bias due to self-reporting. be subject to and may We the possible these inaccuracies nature of the difference by examining surveys the calculatedexpenditures from the the sum of between The majority of this research is based on the responses on the responses is based of this research The majority of prisoners Economic Exploitation of Palestinian Political Prisoners converted from New Israeli Shekels (NIS). Prices from previous years (NIS). Pricesfromprevious Shekels Israeli from New converted prices,inUSdollars 2012 usingDecember in thisreportarecalculated andother Service the prisonershavelongprisonsentences. The pricesandcostscited Prison Israel the oftime,insomecasesyears,asmany expenses overlongperiods by fines products, hygiene Data from the involvesexpenditures onfood, questionnaire personal Graph 1) 10 years, compared to an average 4% for Palestinian inflation. (Annex- last the during (inflation) (CPI) Index Price Consumer in increase 2% Authority economies. an average has witnessed economy The Israeli Palestinian and Israeli the in inflation for adjusted been has data The over theyearsforpurposeofcalculatinginflationadjustments. evenly range ofyears,itwasassumedthattheamountsweredistributed over a to estimateexpenditures the prisoner that required questions be purchasinginthe Israeli economyduringtheirimprisonment.In was notto necessary asthePalestinianprisoners areconsidered economy Palestinian Authority the to relation in inflation for Adjusting Central BureauofStatistics. were adjusted based on the Israeli official CPI published by the Israeli A NoteonInflation 9

Economic Exploitation of Palestinian Political Prisoners 10

Economic Exploitation of Palestinian Political Prisoners 7 ECONOMIC EXPLOITATION

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Economic Exploitation of Palestinian Political Prisoners 12

Economic Exploitation of Palestinian Political Prisoners Palestinian homes, remove debris from already demolished houses, demolished from already homes, removedebris Palestinian the Israeliarmy. products for in factoriesthatmanufactured for instance, working, these camps were usedasasourceof forced laborfor the military, civilians who had beenexpelledfrom their villages. Prisonersheldin Palestinian with filled largely then were and Mandate, British the from and militarycampsleftover villages Palestinian in ethnicallycleansed placed ininternmentcamps. These campsweresetupbyZionistmilitias Beginning inand 1948, approximately9,000Palestinians Arabs were interview with another prisoner claims that forced labor in Ramle Prison ended between 1967 and1977aftera between claimsthatforced laborinRamlePrisonended with another prisoner interview 7 University, Washington DC,USA 6 item/1374-israeli-military-government-1949 5 php?tbl=news&id=466 4 in theformofcredittotheir canteenaccounts. wages minimal wouldbeofferedlabor systemwhereworkingprisoners an ‘optional’ system offorcedlabor,instituted administration the prison afterwhich In 1972, prisoners undertook a hunger strike calling for an endto this inhumane treatmentandothertechniquesamounting totorture. and to otherformsofcruel subject were for “mymaster”)and (Arabic During work,inmateswereforcedtoreferthewardenas“seedi” work for in othermaintenancetheprisonswhichtheywereheld. tanks. in theconstructionofprisonsand They werealso‘employed’ for theIsraelimilitary, ofheavyequipment for theproduction including to workwithoutwagesaspartofasystemforcedlaborresponsible forced custody were in Israeli prisoners Palestinian to 1972, From 1967 was compensation,extremelyminimal or,most cases,workwasuncompensated there onrarecaseswhen homes. items fromthesesitestoJewish transport salvaged and An Addameer interviewwithaformerprisoner(Abu Atwan 2006)indicatesthat forced laborceasedin1972. An ,ProfessorofHistoryand International with ShiraRobinson Correspondence Affairs atGeorge Washington Badil.“IsraeliMilitaryGovernment” Availableat http://www.badil.org/youth-education-a-activation-project/ Commission of Detainees and Ex-Detainees Affairs. Available at http//www.freedom.ps/showRep. A HISTORY OFPALESTINIAN LABORINISRAELIPRISONS ECONOMIC EXPLOITATION INISRAELIPRISONS 4 In some cases,prisonerswereforcedto demolish 1966# - ix 13 6 7 (The 5 In

Economic Exploitation of Palestinian Political Prisoners 14 ). - 10 especially forced labor in the military industry, was especially the military industry, forced labor in designed to chip away at the prisoner’s sense of national identity and loyalties by forcing him or her to work against the interest of his or her communities (Al-Qimri 1981: 61, Atwan 2006: 9 Abu An attempt to cause divisions and a feeling of isolation and a feeling of cause divisions to An attempt between prisoners rest of Palestinian and the society: It has been argued labor that forced in Israeli prisons, 1. strike at which point an ‘optional’ working system was established. strike undertaken by the prisoners. The forced labor could have continued in this location 5 years after the 1972 strike undertaken by the prisoners. An overview of Israeli exploitation of Palestinian prison labor until by the Israeli prison strategies of a number 1980 revealsthe use of authorities: prisons beginning in 1976. This labor system continued to exist until exist continued to system labor This prisons beginning in 1976. altogether. Asqalan Prison, at which point forced labor ceased 1980 in for use by Israeli soldiers in battle. for use by Israeli soldiers in battle. prisoner labor gradually ceased in most Palestinian exploitation of The female Palestinian prisoners in Neve Tertza Prison manufactured Tertza female Palestinian prisoners in Neve as foldable wound dressings designed soldiers, as well woolen hats for Nablus Prison), prison labor continued Nablus Prison), channeled to be toward prison and military upkeep. For example, Palestinian prisoners in Beer Sheva Prison were employed of new prison units. Similarly, in the construction Though some prisons specialized Though some production of consumer in the in Asia (such as to export cups destined for plastic instance goods, for in Neve Tertza Prison opted to work in fear of retaliatory attacks from attacks retaliatory work in fear of opted to Prison Tertza in Neve prison administration. prisoners collaborating with the Israeli criminal ‘optional,’ ‘optional,’ by way of physical into work often coerced prisoners were Palestinian instance, female prisoners For or psychological pressure. Working prisoners were also accorded ‘privileges,’ series of other a Working family for time increased sports, play to time cigarettes, including extra Although technically in the sun. and time food rations, visits, more canteen system will be discussed in detail in the coming chapters.) coming chapters.) detail in the discussed in system will be canteen Economic Exploitation of Palestinian Political Prisoners to coverboththeconstruction andpartialcompensation forthelossofincomeaftertender wasannulled. to pay Israel agreed 2010, cafeteria, etc.).InMarch clinic, (medical facilities etc.) and ALAorder NIS in million 279 review. systems (water,all included and equipped completely was The prison electricity, sewage, surveillance, for construction. designated The ALAat thetimeof judicial of theprison the construction hadcompleted by virtueofthemovetoprivatize. was of which USD,250million 1.4 billion was worthapproximately The tender time it was estimated that the Israeli state would saveapproximately350millionNIS (around 100millionUSD) 8 construction of this private prison inBeerSheva. for the a tender Ltd., won and Construction Engineering Minrav and by and Operation(2005)Ltd.(ALA),whichisjointly owned Africa-Israel 800 prisoners. InNovember2005,Israelicompany ALA Management establishment of a privately-run prisoninthe 1948 Territories to hold Prisons Ordinance the legalized Law (no.28),2004,which Amendment canteens wasalsoprivatized.In2004,the Knessetenactedthe prison that ran company the public and subsidiaries, and companies In theearly1990s,Israelistateprivatizedmostgovernment which of 25years,during for aperiod the prison operate would that thecompany stipulated The tenderalso HISTORY OFPRIVATIZATION INISRAELIPRISONSYSTEM 4. 3. 2. military industry. labor intheconstructionof new prisonunitsandinthe employment of low-cost (or free) Palestinian prisoner practices andmilitaryactivity, the costofIsraeliimprisonment An attempttodecrease under internationalhumanitarianandhumanrightslaw. imprisonment to which prisonerslikelyhadarightto of tooktheformofbetterconditions this compensation although forworkasa‘privilege,’ compensation described as privileges grantedby prison authorities: rights prisoners’ Palestinian redefine to attempt An in exchangeforbetterconditionsofimprisonment. for labor,exchange to offer andthoserefusing theirlabor in ‘privileges’ those receiving and prisonconditions: differentwith prisoners of Palestinian two classes interests institution of an ‘optional’ laborsystem effectively created society: within prisoner An attempttocausedivisions 15 as evidenced by the Prison authorities 8 In 2005, apetition

The

Economic Exploitation of Palestinian Political Prisoners However, Israel’s However, 9 16 Similarly, in 2012, the IPS received Similarly, 10 Haaretz. “Ultimate Cell Phone: Tapping of Israeli Prisoners› Phone Calls Stirs Debate”, 21 April 2013. Debate”, 21 Israeli Prisoners› Phone Calls Stirs of Tapping Haaretz. “Ultimate Cell Phone: Barak Medina, “Constitutional Limits to Privatisation” Available at http://law.huji.ac.il/upload/PriosnPrivatization. Available Barak Medina, “Constitutional Limits to Privatisation” stirs-debate.premium-1. 51664 9 pdf, p. 3 10 at http://www.haaretz.com/news/features/ultimate-cell-phone-tapping-of-israeli-prisoners-phone-calls- Available in which Volvo holds a 26.5 percent share, and which is jointly owned in which Volvo in Israel). exclusive representative Volvo’s Trucks, and Mayer’s Cars by based Group4Securicor (G4S), American company 3M, Motorola, based Group4Securicor (G4S), (through Israeli company Merkavim, Hewlett-Packard (HP), and Volvo Israeli prison maintenance services, including and at least fourteen companies currently involved in providing these services. Of these, five are multinational corporations headquartered abroad: London- and Israeli police. There are at least seventeen private companies least are at There and Israeli police. been involved in and/or have the IPS contracts with have had that of shekels in profit for Bynet. an exempt from a public and signed tender a 70 million NIS contract of communication with Motorola for the provision systems to the IPS contract with the IPS to operate contract with the IPS to operate a wiretapping phone system in Israeli contract will prisons. It is estimated that the garner tens of millions Despite this court decision, many aspects of life in Israeli prisons Despite this court decision, exists. still services prison for market profitable a and privatized remain For instance, Israeli company Bynet Communications has a ten-year i.e. that the Israeli government is an apt guardian of prisoners’ rights. i.e. that the Israeli government which the labor history described which the labor above provides merely a snapshot), Palestinian the general historical position vis-à-vis its well as as population, calls into question the fundamental logic of this decision, instituting againsta “right privatization” law. in Israeli well-documented rights of prisoners (of track record of violating the The Court’s decision, which was justified based on the logic that Israeli that logic the on based justified was which decision, Court’s The the human respect for would have greater government employees been described as has than corporate employees, prisoners rights of control of the IPS. control of the amendment law allowing law of the amendment in Israel. Four privatization for prison the amendment ruled that 2009, the Court in November years later the the prison to transfer to a process began and was unconstitutional, was filed in the Israeli Supreme Court challenging the constitutionality constitutionality the challenging Court Supreme Israeli the in filed was Economic Exploitation of Palestinian Political Prisoners prison system but whodonotappearto currently havecontractswith three Israelicompanieswhohavearecordof working intheIsraeli systems(G4S). network combiningsystems(3M),andvisitation The vests (MYFORM),centralserversande-mailstoragesystems (HP), interpreting thebarksof guard dogs(Bio-sense),‘anti-stabbing’ (Volvo),prisoners transporting thecanteen(Dadash),systemsfor for buses systems (BynetCommunications), phone wiretapping Electronics), and UrbanElements),securitysystems(G4S,Shamrad systems (Motorola),securitygates(B.G. communication IlanitGates Distribution. Together, services: these companiesprovidethefollowing Electronics, B.G. Ilanit Gates&UrbanElements,andDadashHadarom of distributor Israeli company American TaserShamrad International), Ltd, Communications Afcon Holdings,ContactInternational(exclusive MYFORM,MIRS Bio-sense, areIsraelicompanies: The remainder org/content/corporations-provide-services-israeli-prisons 11 from 1994 Sheva prison);3)Shekem,whichranthecanteenasaprivateentity Prison; 2) ALAtender for Beer andOperation(cancelled Management construction materialstoOferPrisonandRamon and whichsupplied them are:1) Ashtrom, which wascontractedto build HasharonPrison See Who Profits research on more information for corporations complicit in Israeli prisons at: http://whoprofits. 2002 - . 11 17

Economic Exploitation of Palestinian Political Prisoners

of Scope Tens of Tens of Tens Tens of Tens shekels shekels shekels Financial Financial Hundreds millions of millions of millions of of shekels thousands bids bids bids bids bids by the tender tender tender the IPS Tenders Tenders to an IPS to an IPS to an IPS Based on Based on Based on Based on Based on General + According According According tenders by Comments occasional occasional occasional occasional occasional Accountant

2014 2016 2016 2015 End of Contract fiscal year fiscal year fiscal year fiscal year During the During the During the During the 18

system servers bridges devices Printers Contract monitors systems, supporting Maintaining management Supplying and magnetometer Maintaining HP Maintaining HP gates, scanning bark identification Characteristics of Characteristics Repairing wireless maintaining a dog- systems and central machines and ankle machines and ankle Maintaining wireless systems and lighting *Chart information from Who Profits from *Chart information 3M G4S (HP) Myform TRUCKS Biosense MERKAVIM MERKAVIM MOTOROLA MOTOROLA VOLVO GROUP VOLVO Company Name Company TECHNOLOGIES TRANSPORTATION TRANSPORTATION SOLUTIONS ISRAEL MAYER›S CARS AND CARS MAYER›S HEWLETT- PACKARD PACKARD HEWLETT- complicity of human rights violations, especially detaining complicity of human rights in relation to Palestinian political prisoners. It is outside the scope of this paper to provide a full account of the It privatization of Israeli prison services, which should basis of be the The information above illustrates the corporate further research. Economic Exploitation of Palestinian Political Prisoners B.G. ILANITGATES COMMUNICATIONS AFCON HOLDINGS ASHTROM GROUP Dadash Hadarom Company Name ELECTRONICS AND URBAN Distribution ELEMENTS SHAMRAD Lymtech Shekem Contact S.I.R.N. Shekel Shiran MIRS

wireless services canteen products Repairing sound and maintaining battery services Characteristics communication providing year- round service infrastructure fire detection Purchase of Purchase of of Contract Relocating Relocating equipment Supplying electronic Installing, Installing, Providing systems system 19

During the During the During the fiscal year fiscal year fiscal year Contract 31 /07 End of 2015 2015 2016 14

occasional bids occasional bids occasional bids occasional bids occasional bids occasional bids occasional bids occasional bids Tenders bythe Tenders bythe According toa an IPStender an IPStender According to According to Accountant Comments General + Based on Based on Based on Based on Based on Based on Based on Based on tender IPS

thousands of shekels millions of millions millions of millions Hundreds Financial shekels shekels Tens of Tens of Scope of

Economic Exploitation of Palestinian Political Prisoners Currently, Currently, 13 As a result of As a result 12 20 ESTABLISHMENT OF THE CANTEEN SYSTEM OF THE ESTABLISHMENT It should be noted that exorbitant prices for canteen products is not limited to Palestinian prisoners. Despite not limited to products is canteen exorbitant prices for should be noted that It Only imprisoned PLC militants from outside of the OPT continued to receive products from the ICRC after Only imprisoned PLC militants from outside of the OPT even more severe for Palestinian prisoners from the West Bank and Gaza. even more severe for Palestinian prisoners from the West the fact that the canteens are exempt from VAT, Israeli criminal prisoners have complained about exorbitant the fact that the canteens are exempt from VAT, and prices as well, even compared the Israeli to market. Prices in the Palestinian markets are even lower, the incomes of Palestinian households in the West Bank and are Therefore, the economic implications of Israel’s violations of IHL purchasing power of Israeli households. Gaza are significantly lower than the average 12 1973. 13 on the canteen: prisoners rely completely on canteen purchases for their needs. prisoners rely completely on canteen total reliance this developmentof the contributed to main factors Four of charge. Beginning reliance in the 1990s, on canteen purchases for alimentary and hygiene-related needs gradually increased. as supplements to those provided by the prison service. Ostensibly, prison service. Ostensibly, by the provided those supplements to as throughout the 1970s most of the 1980s, the basic needs and of Palestinian political were prisoners provided by prison authorities free When the canteen was first founded, it sold food and hygienic items shirked its responsibility prisoners, giving way for the development to the of an exploitative keep prisoners system to dependent on the Israeli authorities for basic necessities. ‘compensate’ who received credit to purchase the working prisoners The ICRC essentially items they had previously received for free. ‘optional’ prison labor system to purchase goods. labor system to purchase goods. ‘optional’ prison The canteen thus began a way for the prison administration as to expense. The ICRC ceased providing The ICRC ceased these items. expense. begin working in the these developments to prisoners were forced official documentation, according to prisoner testimonies, the prison administration established the canteen around 1973, through which products at their own purchase these begin to prisoners would responsible responsible for providing and detainees prisoners with basic goods there is no Although tea, and cigarettes. coffee, such as biscuits, Initially, the International Committee of the Red Cross (ICRC) was Cross (ICRC) Red the of Committee International the Initially, Economic Exploitation of Palestinian Political Prisoners cleaning materials andfoodfrom cleaning theirfamilies.Currently, any delivery families. Duringthe1970s and1980s,prisonerscouldreceiveclothing, Gradual prohibitionof bringing in‘goods’from outside the prison by covered bythehasbaka. purchases. Now,canteen are needs of prisoners’ 10% about only by products, whichmustbesupplemented hygiene and personal materials minimal cleaning reduced overtimetoonlyinclude gradually tea, coffee, andsomewintersummerclothes. This hasbaka basic the prisoners’ of products, hygiene materials, personal cleaning including necessities portion significant a included hasbaka The 1990. meals,until including goods material with ahasbaka, prisoners and varietyof items. The prison administrationprovidedPalestinian Gradual decreaseof prisons’ ‘hasbaka’provisionsinterms of quantity response toprisoners’ demandsduringhungerstrikes. in and thenreturned often bewithdrawn – forinstance,kitchenaccesswould the prisons and outside within 17 prisoners withabroomthattheyhad previouslyusedtocleanthefloor inedible. stirringthe soupforPalestinian prisoners Israeli criminal also claimstohavewitnessed This prisoner prepared itthefood prisoners routinelyurinatedandspit infoodanddeliberatelywithtoomanyspices,rendering 16 meals. these stoves fromthecanteeninordertoprepare electronic additional to thefood,prisonerspurchase addition per cellinordertocooktheirownmeals.In food collectively to purchase of theircanteenallowances portion prisoners continuetohaveaccesstheprisonkitchen.Currently,Prison, wherePalestinian prisoners poola 15 14 for money transferfromPAprocedures and easing Facilitating banks food, renderingitinedible. contaminating the who wereeithernegligent inhygieneordeliberately kitchens the prison in prisoners criminal Israeli IPS employing to the quantity hasdecreaseddramatically. is dueinpart This degradations the ofthefoodand the quality prisoners from long-serving testimonies to beprovided to continue Palestinian detaineesby the Israeli prisonservice,accordingto meals While sufficiency. and nutrition meals intermsofquality,of prison and systematicworsening Gradual basis. non regular on anextremelylimitedand take place deliveries clothing, families aretechnicallypermittedto bring theirimprisonedrelatives of food from outside theprisonisforbidden. By 2006, all prison kitchens were under the control of Israeli criminal prisoners, with the exception of Ofer prisoners, withtheexception By2006,allprisonkitchenswereunderthecontrolofIsraelicriminal According toprisoners’testimonies,thiswas thecaseasof1972. Prior to this, generally speaking, access to the prison kitchen has varied according to political circumstances to political speaking, accesstotheprisonkitchenhasvaried according Priortothis,generally in theearly2000’s,Israelicriminal in Nafhaprison who wasincarcerated prisoner According toaPalestinian 16

17 21 . 14 Although, currently, 15 ,

Economic Exploitation of Palestinian Political Prisoners Shekem 18 22 Privatization of the Canteen Alan Gladstone, Benjamin Aaron, Zvi H. Bar-Niv, Jean-Maurice Verdier, Tore Sigeman, Manfred Weiss. Sigeman, Manfred Weiss. Tore Jean-Maurice Verdier, Aaron, Zvi H. Bar-Niv, Alan Gladstone, Benjamin Martinus Nijhoff Publishers, March 1, 2001 Martinus Nijhoff filed a petition with the Israeli Supreme Court, and the contract was 18 retaining 22 percent of regular shares. At the time, the government retaining 22 percent of regular shares. run the canteens. Because awarded Shekem a 10-year contract to other food supply companies this was done without a public tender, government opted to privatize Shekem. In 1994, the government sold government opted to privatize Shekem. In 1994, the government the controlling shares (77 percent) to Israeli company Elko Holdings, were channeled into the budget of the Ministry of Defense. were channeled into the budget In 1993, as part of a larger wave of Israeli privatization, the Israeli the frontlines and 1967 wars, as well as other special during the 1956 camps. During this period, any profits from the company’s operations by the Ministry of Defense to operate army, police, and prison canteens, by the Ministry of Defense army, to operate machines in military camps. as well as minimarkets and food canteens, which supplied army units on mobile was also responsible for sherut kantinot lemegin catering services for the defenders eiha›am, of was given an exclusive the people.” In the 1950’s, Shekem monopoly Between 1973 and 1994, canteen the was owned by a public company for 1948, Shekem, whose initials stand Ben Gurion in established by deteriorations in meal quality, and increased to families access and deteriorations in meal quality, purchases from time, over canteen accounts – is that, organization to the canteen have gradually increased. The combined effect of these four factors – namely, restrictions on restrictions these four factors – namely, of The combined effect the hasbaka, of and clothing, the shrinking food family deliveries of Affairs and the bolstering of various Palestinian organizations relief Affairs for the prisoners’ canteen. who provided funds an individual’s canteen account. This underwent a particularly sharp a particularly This underwent an individual’s account. canteen Prisoners Ministry of PA the establishment of the 1994,with rise in increased increased foundation, since the canteen’s undergoing a particularly The prohibition on allowing goods in beginning sharp rise in 1994. funds into easing in depositing with an families was coupled the from accounts to prisoner accounts the canteen have Prices in canteen account. Economic Exploitation of Palestinian Political Prisoners the prisonsbeginningin2005,andpossiblyearlier(IPS,2006). that the sameDadashcompanyprovidedprivate canteen servicesto – in 2009 (IPS, 2009). However, an IPS document from 2006 shows and Israeliprisoners canteen inallIsraeliprisons–forbothPalestinian prison canteens. The IPSclaimsthatDadashonlybegantooperatethe company,Israeli took overthe (Dadash), Distribution Hadarom Dadash this transferwascomplete,aprivate military totheIPS.In2005,when prisoners begantobetransferredfromthecontrolof Palestinian the After 2000, Israelimilitarydetentioncampsandcentersholding Holdings, decidedtowithdrawfromallmilitarycontracts. runthe to Gershon Zerkind,CEOofElko prison canteensuntil2002,when continued Shekem years. five to reduced subsequently f35498f21a83b21fd1281.pdf 20 19 profits forDadash,although theseprofitsarenotpublished. 2010; Israeli Ministry of Finance, 2011). The canteens alsogenerate 2011 in incometotheIPS US$33.82 millionevery yearintheyears2009 Israeli governmentbudget, the canteens were estimatedto generate from Dadash. royalties The IPSalsoreceives to the According (including themilitarycourtcanteen). Shiran continuestoprovideallcanteenservices totheIsraelimilitary of back intotheprovision channeled AWIF’s servicestoIsraelisoldiers. Shekem. by delivered formerly are operations Shiran’s from profits All subsidiary, Shiran, inorderto be abletotakeoverthecanteenservices “lone for to visittheirfamiliesabroad. immigrant soldiers” flights and soldiers, combat former for scholarships units, to mobileclubs,gyms, soldiers, includingsynagoguesfor combat Wellbeing(AWIF),of Israel’sSoldiers severalservices which provides chose government the Hachayal, Aguda Lemaan for the Association that couldtakeovercanteenservicesforthemilitaryandprisons. The In 2002, the Israeli government began searching for a ‘non-profit’ entity “Ha›aguda Lema›an Hachayal”, Lema›an “Ha›aguda http://www.mirror.upsite.co.il/uploaded/files/1361_18a033de58cAvailableat Shekemcontinuestoexistasanelectronics company. (Israeli Ministry of Finance, 2009; Israeli Ministry ofFinance, Israeli 2009; (IsraeliMinistryofFinance, 23 20 AWIF created a 19 -

Economic Exploitation of Palestinian Political Prisoners 24

Economic Exploitation of Palestinian Political Prisoners 7 ECONOMIC EXPLOITATION

0 0 0 0 0 8 9 2 LEGAL ANALYSISOF SECTION 3 25

0 0 0 0 8

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Economic Exploitation of Palestinian Political Prisoners 26

Economic Exploitation of Palestinian Political Prisoners detainees; inparticular, with regardtoaccesshygienicfacilitiesand and on thetreatmentofprisoners and guidelines standards accepted relating specifically to the rights of prisoners as these provideWebeings. human for all living instruments rights human consider also universally of standards and mentalhealth,minimum right tofood,physical to theOPTapplicable the concerning provisions broad andinclude are human rightsconventions International under thisproscription. IHL andIHRL doesnotspecifywhatformsofareincluded exploitation prisoners and detainees in orderto protect them from exploitation. IHLwithin provisions Several andIHRLthe basicrightsof enshrine physical, moraland mentalintegrityanddignity. and thereforemustbeunderstood to include adequatefoodandhygiene ascontributeto these undeniably circumstances. respect fortheperson“coversallrightsofindividual” to ensure obligation The fundamental those in ever than relevant more be indeed may and Article, the to commentary the by confirmed as civilians, 24 23 Assembly, 28March1991, A/RES/45 22 in itsresolution663c(XXIV)of31July1957 21 or accusedofoffenses,to thosewhoaredetained the Occupier stating of the obligations outlines Article 76oftheFourthGenevaConvention which extendstothosewhoaredetainedby theoccupyingpower. of allprotectedpersons, healthandhygiene the foodsupplies,public to ensure and 56alsosetouttheOccupyingPower’s responsibility rights. humanely andrespecttheirfundamental prisoners) the OccupyingPowertotreatallprotectedpersons(including obligates In the broadestsense, Article 27of the FourthGenevaConvention of All Personsunder Any FormofDetentionorImprisonment. Treatment ofPrisoners, Prisoners (UNStandardMinimumRules), Conventions, theStandardMinimumRulesfor Treatment of the under obligations Israel’s analyses Third andFourthGeneva research Given this,our hygiene. items tomaintainpersonal essential UNGeneral Assembly, forthe Basic Principles Treatment/ ofPrisoners:Resolution Adopted bytheGeneral Nations, forthe United Treatment ofPrisoners,30 Council and Social by theEconomic August 1955;adopted Article 27,which embodies the essence of the Convention, appliesequallyto imprisoned ordetained UNGeneral Assembly Resolution43 Legal Frameworkfor Analysis (IHL,IHRL) LEGAL ANALYSIS OFECONOMICEXPLOITATION 111 22 173 and the Body of Principles fortheProtection andtheBodyofPrinciples / / of9December1988 27 21 the Basic Principles for the theBasicPrinciples 24 Articles 55 Articles 23

Economic Exploitation of Palestinian Political Prisoners 28 argues that these and other similar human rights instruments “have an argues that undeniable moral force and provide practical guidance to States in their While UN Resolutions are considered non-binding “soft” law instruments, the Office of the High Commissioner for Human Rights to clean their bodies and wash their clothing, as well as necessary well as necessary clean their bodies and wash their clothing, as to facilities and time for these purposes. “take all sanitary measures necessary to ensure“take all sanitary measures necessary the cleanliness and Article healthfulness prevent epidemics”of camps and to (Article 29). soap and water sufficient to right a have prisoners that provides also 29 be used in collective disciplinary be used in collective disciplinary measures. In regards to hygiene, Third Geneva Convention the Detaining also mandates Power to the quality and variety to preserve their health (Article 26). Prisoners should also be provided adequate with drinking water (Article 26), and Article 26 also stipulates food cannot that permitted to use tobacco. Israel to provide Palestinian prisoners and detainees with sufficient food and general hygiene (Article 15) that are sufficient in quantity, The Third Geneva Convention outlines the Occupying Power’s The The Convention obligates responsibilities prisoners detainees. to and [internees’] personal well-being and comfort.” According to Article 87, to According [internees’] personal well-being and comfort.” higher than in the local market. canteen prices should not be and to live in dignity during their imprisonment. Article 87 further states Article 87 further states duringand to live in dignity their imprisonment. the obligations outlined above, in addition to outlining the role of canteens as a supplement the provided to food as a way to “increase conditions would that allow Palestinian prisoners and detainees to satisfactory levels of physicalenjoy at minimum, and mental health, of taking the essence of Article 27 into account in the treatment of treatment account in the Article 27 into of essence taking the of In this detainees, prioritizing the principles and dignity. of humanity must be understood context, the IPS the obligation to have to provide upon amount supply the minimum to attention” required of food and the importance on this article stresses The commentary by this article. be sufficient to keep them in good health…” and they “shall have the this obligation However, right receive to one at least parcel monthly.” called is not Power Occupying the that any way mean in “does not that such persons that such “shall enjoy conditions of food and hygiene which will Economic Exploitation of Palestinian Political Prisoners prisoners heldinitsjailshaveaccesstoadequatefoodandhygiene. under IHLobligation andIHRLpolitical that Palestinian toensure state hasanabsolute that theIsraeli be concluded It cantherefore and cleanliness. for health necessary and conditions with supplies be provided should that prisoners outlining hygiene, regarding provisions similar 16 has should be“ofandserved.” wholesome quality andwellprepared Article and strength,”furtherspecifyingthatsuchfood health for “adequate water and food sufficient and regular to prisoners o right the out sets prisoners. For example, Article 20of the UNStandardMinimumRules with regardto delineate Israel’sobligationsthetreatment of Palestinian conduct.” available athttp://www2.ohchr.org/English/law 25 products everymonth. on hygiene some of theproductsin Although to thesurvey,According US$ 39.15 pays approximately eachprisoner are forpersonaluse. as they necessities, from thecanteenaredeemed products purchased of necessity. For the purpose of this research, it is assumed that all outside were purchased fromthecanteen products to determinewhich “needs” ended and spending on “extra items” began, making it difficult on cannotdrawthe line onwherespending The researchconducted market. bytheIPS lists provided withtheaveragepricesinPalestinian productsfromthecanteenusingprice cost oftenbasichygiene products atthecanteen.Weon foodandhygiene alsocomparedthe how muchtheyspentpermonth approximately in thequestionnaires tothembytheIPS. are provided Forouranalysis,weaskedprisoners earlier,described thatprisonersneed nearly noneofthenecessities purchase theirfoodandhygieneproductsfrom the prisoncanteen. As is thattheymust One ofthemaincomplaintsamongprisoners United Nations Office of the High Commissioner for Human Rights. “International Human RightsLaw”, Human “International HumanRights. for Commissioner High the of Office Nations United Food andHygiene 25 also beusedtofurther should Therefore UNresolutions 29

Economic Exploitation of Palestinian Political Prisoners

-1.14% -8.33% -28.67% -44.40% 157.04% +36.67% +44.00% +50.00% +548.91% +794.09% +179.32% Difference 1.99 4.44 5.33 9.74 3.60 3.54 3.75 4.30 3.90 3.58 44.17 Canteen (USD) Price in Prison 30 3.64 1.27 2.60 7.74 2.60 3.90 2.80 0.68 3.90 1.09 30.22 Shop (USD) Shop (Table 6) (Table Price in Palestinian Price in Palestinian 26 Item Table 6: Price Comparaison between Hygiene Products Price Comparaison between 6: Table Dish soap Hand soap Toothpaste Toothbrush Soap (4 bars) Sanitary pads Shaving cream Razor blades (5) TOTAL / Average TOTAL In order to quantify the exact amount of economic exploitation that takes place as a result of price differences In order to quantify the exact amount of economic exploitation that takes place as a result of price differences Large hair shampoo Toilet paper (24 rolls) Toilet basket of goods based on reports of prisoner consumption that would distribute appropriate weight to each prisoners(US$ 39.15).Addameer expenditure by average total the by number and multiply that price difference although it is work that could be done by was unable to obtain this information in the context of this study, Addameer. in part using the survey answers garnered by Addameer or another party, the future, either by between the canteen and local markets in the West Bank, it is not sufficient to multiply the +157.04% average price gap by the average US$ 39.15 monthly expenditure, because this average (+157.04%), in giving equal assumes that prisoners spend the same amount of money on each product, which is an weight to each item, unlikely scenario. In order such a calculation, to make one would have to establish a typical monthly or yearly to the prisoners, (2) prisoners are forced to purchase the needed 26 In sum, three factors contribute to the prisoner’s reliance on canteen the to contribute three factors sum, In for economic paving the way exploitation: (1) purchases, in effect prisons disavow their responsibility to provide sufficient products of prices is 157.04%. of prices cheaper than in the Palestinian market, most of the products were at products were of the most market, than in the Palestinian cheaper inflated 549% a at sold was which soap, hand including prices, inflated cost, and razor blades, at a 794% inflated cost. The average markup the canteen were lower in cost, including including was 28.67% dish soap which in cost, were lower the canteen Economic Exploitation of Palestinian Political Prisoners food purchases by appointing a prisoner to organize purchases from purchases to organize a prisoner byappointing food purchases organize prisoners most prisons, showed that,in also questionnaire provided dailymealsby purchasing foodfrom the canteen. The and findings is low in qualityandquantity, forcing prisonersto supplement the previous confirmed from prisoners testimonies questionnaire Addameer The Dadash androyaltiespaidtotheIPS. of profits the to contributing thereby products, hygiene the for prices are forcedtopayexorbitant (3) theprisoners (Dadash), company from theprisoncanteen,whichisownedbyanIsraeli supplements 27 settlement. zone, whichispartof the illegalMa’aleEdumim Edumim industrial Mishor the of product a is – rice) and corn-flower chick-peas, peas, –“Maya”(abrand thatmakespackedlentils, least oneofthesebrands can onlybuyeachproduct fromacertainbrand. canteen, prisoners At to thepricelistofDamon that, according It isalsoworthnoting table below. (Table 7) the in market pricesisdisplayed the Palestinian and prices the prison IPS canteenlistsandPalestinianmarketprices. The difference between Twenty-twothe between comparison for theprice selected items were than wished. choices of what the prisoner cancook, which canbemoreexpensive cases. The optionsoffoodsoldinthecanteendictatesandlimits stove inmost camping on asmall cook thefoodtogetherincells the canteen(allprisonersmustpayintocollectivepot);theythen Forinstance,see Addameer 2003,PublicDefense2011. Food Addameer Questionnaire:EconomicExploitation and 27 that the food provided by prison authorities by prison thatthefoodprovided 31

Economic Exploitation of Palestinian Political Prisoners -4.47% -0.31% -8.81% -4.87% +3.26% -17.78% -31.27% -14.15% -77.94% -17.00% +26.12% +60.16% +25.06% +30.13% +47.20% +38.29% +31.78% +10.21% +44.97% +36.20% +145.56% +122.55% Difference 2.11 2.44 0.48 0.82 5.31 1.28 1.27 4.71 1.19 1.30 1.26 1.45 4.98 1.30 3.84 1.64 1.37 1.55 1.40 1.42 1.82 10.50 Canteen (USD) Canteen Price in Prison Price in 32 1.02 1.57 1.72 0.61 1.94 0.59 1.19 3.32 1.51 2.12 0.91 6.57 5.46 1.57 1.17 1.27 0.98 1.33 0.98 4.56 0.81 10.99 Price in Palestinian Price in Palestinian (USD) Supermarket Item Table 7: Price Comparison between Food Products between 7: Price Comparison Table Tuna (tin) Tuna Frying oil Pasta box Salt (1 kg) Rice (1 kg) Milk (1 liter) Sugar (1 kg) Canned corn Lentils (1 kg) Canned peas Black pepper Honey (100 g) Teabags (100) Teabags Cola (1.5 liter) Chocolate bar Canned olives Chicken (1 kg) Canned beans Homous (1 kg) Juice (1.5a liter) Coffee, black (1 kg) Instant coffee (200 g)

Economic Exploitation of Palestinian Political Prisoners on foodproductseverymonth.Forthesamereasonsasforhygiene to thesurvey,According pays approximatelyUSD$111 eachprisoner the food,comparedwithpricesinPalestinianmarket. the Israelicanteenand(3) the prisonersmust pay very highpricesfor from buy to is choice only prisoner’s the (2) food, sufficient provide to in meetingtheirobligation of theprisoners:(1)prisons’negligence reliance onthecanteenfor food, allowingtheeconomicexploitation threefactorscontributetotheprisoner’s products, As withhygiene prices is20.22%. lentils whicharesoldat a 145.56%markup. The average markupof market price,including at pricesthatarehigherthanthePalestinian Thirteen of the twenty-twoproductsaresoldtoprisoners Palestinian to receivefoodfrom charitableorganizationsorfamily members. 29 28 Current IPSRegulationsregardingFoodandHygiene Bank. in pricedifferences betweenthecanteenandlocalmarketsinWest namely,focused onthethirdformofexploitation, resulting exploitation products above (namely, the difficulty in quantifying ‘need’), Addameer Basic Regulation forSecurityPrisoners,infranote112, BasicRegulation are notallowed Art 20(e)and(f)provide thatprisoners BasicRegulationforSecurityPrisoners, infranote112, Art 20(a). 1. Israeli LawandRegulations least onceamonth. detained bytheOccupyingPowerto receive relief parcelsat persons protected of right the specifies 76, Article in which, of theFourthGeneva Convention, therefore incontravention prisoners fromtheWestPalestinian Bank,thisprovisionis of the prison,regardless of their origin. specifically from receivinganyfoodparcels fromoutside bans prisoners order the Furthermore, order. the in included is qualification such no quality, and quantity adequate of be to meals to all prisoners. the IPS to provideregular Article 20oftheorderobligates Food andHygieneinOrderNo.00 as a privilege rather than aright,statingthatprisoners“have as aprivilege canteen a to access defines also order IPS the of 20 Article 28 While IHRL and IHL call for such food 33 03 / 02 / forSecurityPrisoners: 29 In its to application

Economic Exploitation of Palestinian Political Prisoners for / 02 / In reality, In reality, 04 33 . Article 6(A). / In addition, the 02 / 32 04 for the Treatment of Treatment the for / 02 / 04 As is the case for Order No. 31 34 Because prisoners rely on the canteen as canteen on the prisoners rely Because 30 for Security Prisoners, Order No. 00 for Security Prisoners, Order / 02 / 03 receiving packages from outside prison walls, regardless of their source or the legal status of the sender. authorities are authorized to “allow administrative detainee(s) canteen.” to buy supplies from the prison put in place be procedures to order theoretically provides for by the prison administration “to allow the administrative detainee to receive external food from sources.” from administrative detainees are prevented however, detainees with meals similar “to those should be provided served to the prison guards.” 00 Administrative Detainees access to canteens, but mentions depicts this as a privilege than a right, holding rather that prison Administrative Detainees: Administrative Order on Holding Conditions The IPS’s of Detainees provides more detail on what is understood to constitute ‘adequate’ although food, order only applies to Article 6, administrative According to administrative detainees. their canteen “privilege” other cellmates and have to rely on behalf, creating hygiene products on their or purchase food to on the detainees. further burden in Order No. 00 Food and Hygiene they receive, the fact that the IPS considers that the IPS considers the fact they receive, the canteen as a privilege as a be taken away this “right” can means that would be left therefore detainees and punishment of form Addameer has hygienewithout food or products. Indeed, are revoked from cases in which detainees documented many the right to buy food from the canteen under condition under condition from the canteen to buy food the right of good behavior.” food the to supplement than as a survival, rather of form a 2. Ibid. 00 Administrative Detainees, Israeli Prison Service, Holding Conditions of Article 7. Ibid., Article 6(B). Ibid., 33 30 31 32 Economic Exploitation of Palestinian Political Prisoners imposition of fines is the refusal of prisoners and detainees to be strip be to detainees and prisoners of refusal the is fines of imposition after raids by IOF special forces. In many cases, the reason for the during and prisoners transfers, afterfamilyvisits,inprisonsectionsandrooms, detainees on fines imposes typically IPS The rights, treatingthemastheydo‘security’prisoners. In reality, however, the IPS denies administrativedetaineesthese with referenceto Order No. 00 of the orderelaborateson nature of these suppliesandbelongings use.” for personal required and hygiene for washing supplies Article 30 with entering theprison upon is provided detainee “the administrative As forarticlescoveringhygiene, Article 10oftheorderstatesthat, in Megiddo Prison, had reached a total of 13,800 NIS, approximately 3,729 USD in total, or 466 USD every year.USD every total, or466 USD in 3,729 NIS, approximately a totalof13,800 had reached Prison, Megiddo in Muhammad SamiMuhammad by theIPSonprisoner imposed and currently held detained since2004 Abdrabihi, 34 fines of prisoners on fooddropsandwithittheexploitation expenditure which of leveling the of prisoners. exploitation the economic continuous? that noted be should against prisonerswhorefuse to eat has the effect of rendering more It strikes. hunger to Fines areoftenimposedfor in response retaliatory reasons, especially anytime, withoutanyabilitytocontesttheirpunishment. to being punishedbytheIPSat therefore theprisonersarevulnerable and will, at fines collect can IPS the Palestinian The IPS. the by by controlled is which incurred fines The canteen account, individual are takenfromtheprisoners’ prisoners 89). (article Conventions of the contravention in of prisoners, income Fourth Geneva Third and monthly average the than higher much are fines Moreover,individual contravention ofthenormsIHL. Palestinian politicalprisonersandadministrative detaineesisalsoin IHL and IHRL. The practiceof long-standing collectivelypunishing under and detainees rules forthetreatmentofprisoners contravene refusal to comply withotherinstructionsbyprison administrationwhich searched, to wear prisonuniforms,or to give DNA samples, or their In On 29 February 2012, the Minister of Detainees’ Affairs, Issa Qaraqe, found that the total amount of fines of amount total the that Detainees’ found of Qaraqe, Minister Affairs,Issa the 2012, February 29 On In Disciplinary Fines

04 / 01 35 / “Personal Suppliesfor Prisoners.” 34 During times in During

Economic Exploitation of Palestinian Political Prisoners 00.00 149,503.08 572,094.87 Fines (US$, 2012 prices) 1,103,374.68 1,035,501.71 PA Payment of PA 36 00.00 547,350.00 Fines (NIS, 2,011,737.50 3,807,650.00 3,691,950.00 PA Payment of PA current prices) Table 8: PA Payment of Fines Payment of Fines 8: PA Table Year 2007 2008 2009 2010 Average the total amount of fines imposed by the IPS on prisoners in July Addameer researchers by the Ministry. Addameer researchers by the Ministry. Addameer by the Ministry of Detainees, According to data provided to Source: PA Ministry of Detainees, 2007-2010. Data provided to Detainees, 2007-2010. Data provided Ministry of Source: PA all cases or consistently over time. all cases or consistently over Figures reflecting PA fine payments are provided below, but should not should but below, provided are payments fine PA reflecting Figures be understood as reflecting the total payment by Palestinian political in fines these covered not has PA the as fines, disciplinary of prisoners from the PA and the prisoners. On some occasions, the PA Ministry of On some occasions, and the prisoners. the PA from the PA prisoners. political Palestinian of fines disciplinary the pays Detainees money it receives from disciplinary fines. There are, therefore, only two ways to calculate gains from disciplinary the amount of money IPS fines paid by Palestinian political prisoners, through data collected The IPS does not publish does not information about the nor did they provide The IPS For prisoners, another main purpose of the fines is todegrade them, lowering self-esteem their and pushing them toward feelings of powerlessness. dependency and aim to impoverish them, turning the prisoners turning the impoverish them, aim to yet into themselves another financial burden placed on their relatives and communities. prisoners from saving money in their canteen accounts. money in their from saving prisoners Addameer’s survey found that the prisoners argue that IPS fines through high food prices, fines make up the difference and prevent the prevent and difference the up make fines prices, food high through Economic Exploitation of Palestinian Political Prisoners by theIPSthroughinterviewswithdetaineesandex-detainees: imposed fines of examples of number a collected also has Addameer offenses, various for fined amounts the of idea an provide to order In accounts ofprisonersregisteredwiththeIPS. amounted to approximately 3 million NIS, all paid through the financial year that for Palestinians on IPS the by imposed fines of amount total year, for which information is not available,onecanestimatethat the NIS. to 250,000 amounted alone 2010 this ratetotheentire Applying 35 Namewithheldfor privacy. 5. 4. 3. 2. 1. 13,800 NIS, approximately 3,729USDintotal,or466 13,800 NIS,approximately a totalof reached Prison,had in Megiddo held currently by theIPSonaprisoner Issa Qaraqe, found that the total amount of fines imposed On 29February2012,theMinisterofDetainees’ Affairs, including thecancellationoffamilyvisitsfor 2 months. series of onthehungerstriking prisoners, other punishments a andimposing NIS 250 prisoner each fining Hana detainee striking administrative hunger Al-Shalabi, prisoners for undertaking a hungerstrikeinsolidaritywith 36 of GilboaPrisonpunished In 2012,theadministration uncovered mobilephones. inspection 228 NISon160prisonersafteraprison-wide a series of sanctions against prisoners, including a fine of of 2011,At thebeginning imposed Nafhaprisonauthorities Section 12,inadditiontootherfinesandpunishments. a smallpieceofmetalwasfoundinonetherooms after prisoners 20 on NIS 125 of fine a imposed Prison On one occasionin2010,theadministrationof Nafha Prison onthebasisofhavingfoundmobilephones. Hadarim in prisoners 120 the of 110 on NIS 500 of fine a imposed authorities in 2010,prison On oneoccasion USD everyyear. 37 35 detained since 2004 and 2004 since detained

Economic Exploitation of Palestinian Political Prisoners 38 . Article 89 forbids the imposition of fines that exceed - 98 International Humanitarian Law International Humanitarian out conform to sanitary requirements established in Article 25 of the out conform to sanitary requirements established in Convention in terms of public utilities, bedding, heating, lighting, and justify his or her actions, defend him or herself, to call witnesses in Article 97 his or her defense, and to use an interpreter if necessary. requires that all premises where disciplinary punishments are carried establishes the right of the accused to “precise information regarding to of which he is accused,” as well as the opportunity the offenses Article 90, in turn, addresses the duration of punishments, forbidding immediate Article 96 mandates days. exceed 30 punishments that against discipline,” and offenses which constitute investigation “acts of war would otherwise receive.” The article also forbids punishments that The article war would otherwise receive.” war.” prisoners of the health of to are “inhuman, brutal, or dangerous The Third Geneva Convention discusses the disciplinary in the system Third Geneva Convention discusses The Articles 89 and working pay which the prisoner of pay the advances of “50% of imposing considerable additional financial burdens on the prisoners all of their supplies. and detainees to repurchase raids, special forces routinely spoil food by mixing all of it together, together, it raids, special spoil food by mixing all of forces routinely thereby preventing the prisoners and detainees from eating and and detainees, – Nahshon, the special forces of the IPS Massada, – deliberately tamper with the belongings of prisoners. Yamaz and Dror, and These practices are systematic widespread. For instance, during Other forms of punishmentOther forms of detainees. For example, occur against the searching the rooms of prisoners on the pretext of that prisoners noted detainees if they clean their cells on the pretext that they are wasting clean their cells on the pretext detainees if they in Shatta Prison in 2010. as occurred water, prisoners’ hunger strike in Asqalan Prison. According to released Asqalan Prison. prisoners’ hunger in strike prisoners, the IPS also imposes exorbitant fines on prisoners and to light many instances in which the IPS punishments affected the daily instances to light many in which punishments the IPS affected prisoners mentioned April 2012, example, in prisoners. For the lives of the during instance for entire day, an for off their water cut having Interviews collected by Addameer’s documentation team also brought team also brought documentationAddameer’s collected by Interviews Economic Exploitation of Palestinian Political Prisoners limits monetary fines to half of the internee’s salary. internee’s the of half to fines monetary limits foodstuffs. containing shipments or collective parcels individual to receive allowed mustbe internees and is prohibited, for internees measure cruel or are considered For example,thereductionoffoodrationsasadisciplinary inhumane. that practices specific banning provisions Similarly, the Fourth Geneva Conventioncontainsanumberof continue toreadandwritesendreceiveletters. of warbepermittedto also mandatesthatprisoners The Convention and toreceivemedicaltreatmentcareasrequired. examinations, a day,air atleasttwohours to stayintheopen medical toundergo of war sentenced to disciplinary punishmentsbepermittedto exercise, protection fromhumidity. also requiresthat The Conventionprisoners 38 37 36 defined in the Body of Principles for the Protection of all Persons under are further actionrelatedtoprisoners for disciplinary The standards their healthorinvolvingphysicalmoralvictimization.” to imposing oninterneesanyphysical exertiondangerous regulations include in nocircumstances “shall and principles to humanitarian facilities. regime of The disciplinaryanydetention facilitymust conform in detention good order security and to maintain in order only measures of disciplinary the application envision and punishment, of degrading conflict. armed during internees of exclusion principle with theUDHR’s are inline These standards of punishment disciplinary the to The Fourth Geneva Conventionalsoprovidesstandardswithregard not exceed30consecutivedays. state ofhealth.” of punishment that periods The articlealsomandates age, sexand taken oftheinternee’s be shall that “account mandates ofinternees”and to thehealth be “inhuman,brutal,ordangerous can undernocircumstance punishments that disciplinary emphasizes FourthGenevaConvention, supranote11, Art. 100. Ibid., Art. 119. Ibid., Arts. 100and108. International HumanRightsLaw 36 Moreover, Article 119 oftheFourthGenevaConvention 39 37 The articlealso 38

Economic Exploitation of Palestinian Political Prisoners , / 13 / 00 These procedures These procedures 39 40 The terms of the regulation are vaguely 40 and the list of violations and requisite penalties. / 13 / 00 Israeli Law The Standard Minimum Rules,supra note 43, Art. 94. The Standard Minimum Rules,supra note 43, See Regulation 04 40 Imprisonment, which covers the issuing of the legal regulations outlining 39 Contrary to what is stipulated in Article 30 of the Body of Principles Article 30 of the Body of what is stipulated in Contrary to or for the Protection of all Persons under any Form of Detention Conventions, for instance the right of administrative detainee to wear administrativeinstance the right of detainee to Conventions, for their own clothes. freedom in exacting disciplinary punishments. Moreover, many of the freedom in exacting disciplinary punishments. Moreover, and corresponding punishments contravene the outlined offenses Third and Fourth Geneva rights of detainees as guaranteed by the and imprecisely defined to maximal such authorities an prison extent allowing thatill-defined, itdeliberately wouldare appear offenses that (including Palestinian) according takes place to IPS Order No. 04 and offenses 1971, which lists 41 Order New Version based on IPS corresponding punishments. The imposition of monetary fines on all prisoners and detainees of the provisions of both IHL and IHRL. of the provisions of both IHL food, disruption of education, and imposition of excessive monetary contravention in are that IPS the of practices the of some just are fines offence, and cannot infringe upon any of the basic human rights of upon any of the basic and cannot infringe offence, prisoners. Regular denial of food parcels, restrictions on access to the are not provided with adequate situation where prisoners canteen in a prisoners beyond what is necessary. Closer examination of these rules prisoners beyond what is necessary. be in proportion with the disciplinarypunishment has to any shows that are imposed on a prisoner, they must correspond they must correspond with what is necessary are imposed a prisoner, on and for safe custody well-ordered community life. restrictions on the imposing for pretext a used as be not can also be completely prohibited as punishments for disciplinary offences.” be completely prohibited as punishments for disciplinary offences.” According UN Standard Minimum to the if disciplinary Rules, measures Rules for the Treatment of Prisoners. Article 31 Article of the UN Standard of Prisoners. Treatment Rules the for “Corporal by placing punishment punishment, Rules states: Minimum or degrading cruel, inhuman cell, and all in a dark punishments shall any Form of Detention or Imprisonment, and the UN Standard Minimum Minimum and the UN Standard or Imprisonment, of Detention any Form Economic Exploitation of Palestinian Political Prisoners one ofthelistedoffensescourt that isbroughtbeforeadisciplinary IPS OrderNo.04 with In accordance condition oftheprisoner. financial position of the prisoner; and 5 – the physical and psychological of the prisoner;3 – the behavior of the prisoner in prison;4 – the history of thepunishment;2–disciplinary 1 –theseriousness considerations: intermsofthefollowing and justifythepunishment consideration into take must officer court the punishment, particular IPS OrderNo.04 only issuedinsomeoftheprisons,and,allcases,Hebrew. 04 offensespenalties, theIPS andcorrespondingdidnotissueOrderNo. outlined intheorderor thathavenobasisintheorderwhatsoever. demonstrate that the IPS imposes punishments that exceed those way.themselves inanymeaningful defend further testimonies Prisoner the to director himself,withoutallowingdetainee/prisoner legally or prison, the of director deputy officer, the section the by issued are arbitrary andretaliatoryinnature.Mostof the time,thesedecisions Prisoners statedintheir testimonies that these decisions areoften contravention ofIPSregulations. in fines, monetary exorbitant and confinement, solitary visits, family of thewithholding including possible, punishments the harshest Rather,punishments. when determining theIPSsystematicallyexacts listed inOrder04 of theconsiderations IPS doesnottakeheed that the reveal and detainees of prisoners of hundreds The testimonies mentioned intheregulationbeexacted. punishments the of one that mandate to power the officer court the operates accordingtoproceduresoutlinedintheorder. The ordergrants Israeli Practice 00 / 13 / until 2006. Moreover, until were inotheryears,theseregulations 00 / 13 / states that, when determining the nature of a the nature determining statesthat,when 41 00 / 13 / , the prisoner who commits who , theprisoner 00 / 13 /

Economic Exploitation of Palestinian Political Prisoners NA 2012 prices) Fines (USD in 3,916,830.11 4,528,667.61 3,733,469.60 3,758,286.93 2,728,904.26 42 NA Fines (NIS) 9,605,743.00 13,787,242.00 15,940,910.00 13,141,813.00 13,229,170.00 Year 2011 2007 2008 2009 2010 2012 COURT FINES COURT Source: Israeli Annual Military Court Reports. Source: Israeli should be considered part of the financial burden placed on prisoners and their families. Courts by Palestinians Amount of Fines Paid to Israeli Military 9: Table by the military courts in the past five years. The cited statistics do not although it prisoner, the returned to eventually is include bail, since it every prisoner pays some kind of fine into the military court system. every prisoner pays some kind The table below shows the amount of fines imposed on Palestinians less time in prison. In general, a sentence reductionless time in prison. per month is 1,000 is common procedures, it long and arduous court Considering the NIS. for Palestinian detainees for a plea to opt bargain and therefore virtually prosecution typically requests for an imposition of a monetary fine, or for exchange in fines higher pay to – time” “buy to detainee the allow to In some cases, the military judge imposes a fine on the prisoner as part as prisoner the on fine a imposes judge military the cases, some In cases, other In fine. a for exchange in release offers or sentence, the of during court procedures and negotiations preceding plea bargains, the them in the Israeli Military Courts. the Israeli Military them in Oftentimes, Oftentimes, the first economically exploited instanceis through the heavy court fines imposed on in which the detainee becomes Economic Exploitation of Palestinian Political Prisoners convicted fordisturbanceofthepublicorderandcriminaloffenses. those convictedofhostileactsterrorism,aswellsome who areconvictedfor–typicallycovering acts ‘resistingtheoccupation’ those of fines the pays Detainees of Ministry The them. on imposed fines monetary have also who TerritoriesJerusalem, 1948 and the in terrorism. They exclude the fines paid by Palestinian political prisoners order,of thepublic disturbance offenses, criminal acts of hostile and traffic courts: military the entry [intoJerusalemorthe1948 violations, Territory] by withoutapermit, covered offenses of fines types all includes for then, paid group, This Bank. West the from Palestinians by courts military Israeli the to paid fines include figures above The weak vision in hisright eye. vision weak Ahmed Nidal old prisoner Al-Nis, a30-year becauseofacute new glasseseverysix months,whichherequires year oldprisonerbeing heldinMegiddoPrison,isforcedto pay for sentence inRamonPrison. Similarly, Ahmad Jameel Al-Shabri, a27- a seven-year he wasserving in hisleftearwhile of abone hardening doctors determinedwasnecessaryto alleviate complicationsfrom the aid that Khail (24yearsold)wasforcedtopay7,000 NISforahearing incustody.surgical procedureswhile Forinstance,Hussein Ali Yusuf prisoners topayformedicaltreatment inmanycases,including political According totheMinistryofDetainees, IPS forces Palestinian respect tomedicalcare. failure to honor itsvis-à-visPalestinianprisonerswith obligations Israel’s from resulting burdens financial the of overview provisional a imprisonment ofpoliticalprisoners,thefollowingprovides Palestinian with the costs associated account ofthemedical a comprehensive provide to of fieldwork scope Addameer’s the outside was it Although C. IsraeliPractices Medical Care Total FinesPaidtoIsraeliMilitaryCourtsBetween 2009-2012: USD$15,912,436.92 43

Economic Exploitation of Palestinian Political Prisoners 41 44 and Humanitarian Law International Human Rights Information obtained from the Ministry of Detainees. 41 for the maintenance of prisoners of war in good health, particularly war in good health, particularly prisoners of maintenance of the for by prisoners of war is established in Articles 15 and 30 of the Third the and 30 of Articles 15 war is established in by prisoners of Geneva Convention. The Convention specifies that ‘treatment’ to be covered by the Detaining Power includes “any apparatus necessary humanitarian law. The responsibility The responsibility of the Detaining Power to humanitarian law. cover the costs of the maintenance and medical attention required The right of prisoners to free and international of human rights and instruments established in the adequate medical care is firmly condition to deteriorate rapidly. In many instances, the diagnoses many instances, the diagnoses is In deteriorate rapidly. condition to financial great at treatment rigorous more requiring severe, more much and emotional cost. medical cases are as serious as chronic diseases such as cancer, and medical as chronic diseasescases are as serious such as cancer, the denial of access to a medical care causes the prisoners’ health at cost to other Palestinian after release actors) that would not have been necessary had state honored the Israeli its obligations under to provide prisoners with adequate medical Some care. and IHRL IHL prisoners who suffered systematic medical systematic medical neglect while in prison and prisoners who suffered who have had to receive medical treatment (either at personal cost or detailed without which a comprehensive above, estimation of the extent of unlawful economic exploitation of Palestinian prisoners cannot be complete. Perhaps of these cases are to be found the worst amongst There are certainly cases far more serious and costly than those cases far more serious There are certainly burdens on prisoners and their families. Crucially, the IPS’ failure to burdens on prisoners and their families. Crucially, honor its obligations under international endangers law the lives of for treatment. are financially incapable of paying prisoners who The Ministry also indicatesThe Ministry only contravene practices not that these and but IHL IHRL also have the effect of imposing additional financial one meter, was forced to pay 5000 NIS for the contact lenses that contact lenses NIS for the to pay 5000 was forced one meter, he required. determined that doctors in Negev Prison who found himself incapable seeing of than further Economic Exploitation of Palestinian Political Prisoners prisoners, to the highest attainable standards ofphysicalhealth. prisoners, tothehighestattainable including persons, the rightofall ICESCR establish and Both theUDHR “provide freeofcharge”forthemaintenanceinternees. required bytheirstate of health” that protectedpersonsheldindetention“receivethemedicalattention Geneva ConventionalsomandatesthattheOccupyingPowerensure if prisonerswhoarebeingpunished. needed, including examination,” prevented fromthemselvesto presenting the medical authoritiesfor prisoner isstrictly prohibited, spectacles.” ofthehealtha treated,” thatanyseriousendangerment humanely and appliances, artificial mandates that Convention “prisonersofwarmustatalltimesbe other and dentures 49 48 47 46 45 44 43 42 with treatment“ofthesame and detainees must provideprisoners physicians” particularly personnel, states that“health or Punishment, against Torture andOtherCruel,Inhumanor Degrading Treatment particularly Physicians,intheProtectionof Prisoners andDetainees of MedicalEthicsrelevanttothe RoleofHealthPersonnel, Principles ininstruments also prevalent are medical ethics. regulating For instance, the UnitedNations(1982) prisoners to specific Provisions on thegroundsof country withoutdiscriminationtheirlegalsituation.” the in available services to thehealth access have shall “Prisoners for the Basic Principles (1990) Treatmentindicates: ofPrisoners medical care during imprisonment.Principle9of the UnitedNations Treatmentto adequate the rightofprisoners establish ofPrisoners charge.” free of be provided treatment shall that “thiscareand and persons, and imprisoned necessary” todetained whenever shall beprovided mandatesthat Detention orImprisonment “medicalcareandtreatment Body of Principles fortheProtectionof All Personsunder Any Form of Article 30 Principle24 UDHR,article25;ICESCR, 12. Article 81 Article 76 Article 98 Article 30 Article 13 49 Rules 22 to 26 of the Standard Minimum Rulesforthe Rules22to26oftheStandard 44 and should be transferred to civilian health facilities health to civilian transferred be should and 43 andthatof “prisoners war maynotbe 45 46 and that the OccupyingPower 45 47 The Fourth The 42 48 The The

Economic Exploitation of Palestinian Political Prisoners

46 51 because the IPS does in principle because the IPS provide 52 50 Education Education & Economic Exploitation Education & Economic Secondary Forms of Economic Exploitation: The Cost of Education of Economic Exploitation: Secondary Forms Principle 1 Palestinian children in Israeli custody were also subject to a number of restrictions on their access to education As of September 2013, according of Prisoners, some “security prisoners” to the Ministry nearing the completion of their degrees were being permitted to complete some university credits, but enrollment in new 51 Addameer Prisoners and Support The Right of the Child Prisoners to Education, prior to 2008. For details, see Human Rights Association. 52 by the IPS since 2011, by the IPS 50 the IPS has prevented child prisoners from continuing their studies the IPS has prevented child while in prison altogether. Although adult prisoners have also been prevented studying from must repeat a grade year once they are released, often discouraging repeat a grade year once must them from continuing their education and dropping out. Since 2008, military legal system. Often arrested in the midst of their school year, military legal in the midst of their school year, system. Often arrested these children face serious challenges in being able to complete their schooling while in prison due to restrictive IPS policies. Often, children 2001 and 2011, about 7,500 children aged 12 to 17 are estimated 2001 and 2011, and imprisonedIsraeli have been detained, interrogated within the to intellectual endeavors. these policies. Between by affected heavily Child detainees are most in an effort to deny this right to education, the Israeli authorities also education, to deny this right to in an effort strangulate Palestinians from to use economicattempt measuresto against the occupation. Students, professors and academic researchers against the occupation. Students, prisons provide for a space are often arrested as well, Historically, intellectual growth, as books and information are circulated. However, During the first intifada, Israel shut down Birzeit University, the largest the University, down Birzeit shut Israel intifada, first During the as a stronghold its role of activism Bank for university in the West The limits of academic freedom can be traced to Israeli’s systematic to freedom can be traced academic The limits of closures of Palestinian university’s, schools and places of learning. 1. detained.” quality and standard as is afforded who to those are not imprisoned or quality and standard as is afforded Economic Exploitation of Palestinian Political Prisoners Palestinian prisoners toattenduniversity.Palestinian The amountstransferredby According totheMinistryofDetainees,PA paysthetuitionfeesof exchange deal. the2011 factionsduringthetalksthatpreceded on Palestinian prisoner decided to withhold their right to education inorderto exert pressure from theiruniversityeducationafter continuing the Israeli authorities 2011,have beenprevented and detainees prisoners thesePalestinian and detainees. prisoners political 210 Palestinian including As ofJuly of intheIsraeliOpenUniversity 2010was270, inmates enrolled this section. According to data releasedbytheIPS, the totalnumber denied always are who confinement, access to education), educationfor adult prisonersis the focus of solitary in held prisoners of (with theexception at costforadultprisoners for tertiaryeducation credits isunknown. by theIPSfor“securityprisoners.” courses wasstilldisallowed permitted tocomplete The numberofprisoners far exceedthecostofeducation intheOPT. Both thecostandlinguistic- (mostly in the arts and social sciences),andat prohibitive costs which of Israel,onlyinaverylimitedlistsubjects at theOpenUniversity Hebrew to studyin them only by allowing right toeducation prisoners’ and detainees’ of Palestinian The IPSfurtherrestrictstheexercise Source: PA MinistryofPrisoners,2007-2010. Addameer survey. the PA totheOpenUniversityarelistedintablebelow. 2010 2009 2008 2007 Year Table 5:EducationExpenditurebyPA andPrisoners Payment byPA (NIS, current prices) 3,247,807 854,059 641,774 848,111 Payment inUSD (2012 prices) 941,144.27 258,857.62 175,294.04 237,874.40 47 Estimated expenditure prisoners (USD,2012 on stationaryby 1,323.36 5,235.85 1,440.10 Prices) 975.21

Economic Exploitation of Palestinian Political Prisoners . 53 48 Open University of Israel claims it has no control or knowledge of IPS ‘punishment’ measures or prisoner interruption and thus won’t return any paid fees for error they are not responsible for. 53 ‘address change’ due to transfer to another prison, thus the university cannot be held responsible for the fee and re-pay to take the exam(s) (160 NIS in total for all exams, total for in (160 NIS take the exam(s) fee and re-pay to information) and PA according to prisoner testimonies studying is lifted. Similarly, if a prisoner is punished to or transferred studying is lifted. Similarly, period, he or she must forfeit the exam another prison during the exam repercussions. If prisoners pay their fees and are later prevented from continuing due to IPS disciplinary measures, they do not receive a refund and must re-pay the course for when the disciplinary ban on In addition to the initial cost of education (tuition, stationary, etc.), In addition to the initial of education cost (tuition, stationary, economic significant have education prisoner interrupt that punishments authorities, and acknowledging that prisoners are not entitled to a in the event of any such interruption. refund from the Open University a statement absolving of all responsibilitythe IPS in cases where their or permanently interrupted by prison education might be temporarily places an extra financial burden on studying prisoners. financial burden on studying places an extra Before enrolling University in the Open program, prisoners must sign semester, effectively interrupting their studies and forcing them to interrupting their studies effectively semester, remain enrolled their studies, which for several years to complete withholding access to education for Palestinian Palestinian prisoners for presumed education for withholding to access on prisoners The IPS also puts pressure “violations” regulations. of IPS them from one prison by transferring to another in the middle of the The IPS targets prisonersThe IPS enrolled University in the Open of Israel discriminatory by way of racially practices, especially and arbitrary by prisoners prisoners thereby violate prisoners’ right to education as defined by Rights. and Cultural Economic, Social Committee on the UN cultural aspects of the education offered to Palestinian to Palestinian political cultural the education aspects of offered Economic Exploitation of Palestinian Political Prisoners regarding the detention of protected persons does not refer specifically the Fourth Geneva Convention. Although Article 76of the Convention to to respectaccording Powerisobligated the Occupying Article 27of Education isalsooneof the basicrightsofprotectedpersonsthat necessary equipment.” them withadequatepremisesand thereofbyproviding the exercise amongst prisonersand“takethemeasuresnecessarytoensure pursuits thepracticeofandeducational Power encourage intellectual to the Treatment ofPrisoners War) that mandates theDetaining Article 38ofthe relative (Geneva Convention Third GenevaConvention Education (Art.13 oftheCovenant),8December1999, E/C.12 56 55 54 other humanrights.” means ofrealizing in itselfandanindispensable to education and underline the fact that “education is both a human right in 1961. All of these agreements outline provisions specific to the right against Discrimination in Education (‬ of the Child (‬ in Article 13of the ICESCR, Article 28of the Convention onthe Rights of merit.”‬ on thebasis to all accessible be equally “everyone hastherighttoeducation”‬ remains theUDHR. Article 26of theUDHRclearlymandatesthat The main sourceoflawrelating to international the right to education suitable facilitiesforinterneestopursuetheireducation. available. means of the provision stress on particular lays The article internees,” amongst … pursuits recreational and educational intellectual, to “encourage Power the Detaining It furtherobligates differentbetween level). vs. university (primary ofeducation levels children and young people” on theOccupyingPowerto overall obligationensure“theeducationof be can found in and imposesan to internees Article 94,whichisapplicable provisions specific more education, continued prisoners’ to UNCommitteeonEconomic,Social andCulturalRights(CESCR), FourthGenevaConvention,supra note 11, Art. 94. Emphasisadded. Humanitarian Law Prisoner EducationinInternationalHumanRightsand 1989),which 1989),which Israel ratified in 1991, and‬

54 in internment,foregoinganydistinction 49 1962) (CDE), which Israel ratified andthat“‬ 10 / 1999 / General CommentNo.13: The Rightto . higher education shall higher education This isemphasized in the Convention 55 byall 56

Economic Exploitation of Palestinian Political Prisoners

. / 58 23 / 2003 57 50 As a result, it may be argued that adult education 59 /Add.90. (Concluding Observations/Comments), para. 31 / 1 Concluding Observations of the Committee on Economic, Social and Cultural Rights: Israel. 05 13, 14. Arts. Covenant on Economic, Social and Cultural Rights, supra note 47, UN Educational, Scientific and Cultural Organisation, Convention Against Discrimination in Education, 14 December 1960, Article 1(1). December 1960, 57 E/C.12 58 59 Principle 6 of the Basic Principles for the Treatment of Prisoners of Treatment the the Basic Principles for Principle 6 of the regular educational system of the country, “so that after their the regular educational system of the country, release they may continue their education without difficulty.” that provisions should for “the further education be made of all prisoners Rules Minimum Standard UN the Finally, thereby.” profiting of capable recommend that the education of prisoners be conducted in line with Along with the aforementioned international standards, Article 77 (1) of Along with the aforementioned international standards, holds Prisoners of Treatment the for Standard Minimum Rules the UN of Palestinian political prisoners falls within Israel’s duties under this convention. any person or group of persons of access to education of any type of persons any person or group of or at any level.” not subject to any derogation, even in times of declared emergency. declared emergency. of any derogation, even in times subject to not When it ratified this instrument in 1961, Israel undertook an obligation “deprive to and not CDE implementation of discriminate in its to not realization of the right to education for all people within its jurisdiction. is right this fulfill to obligation state’s a that stipulates further CDE The The ICESCR, which, by requires state parties to guarantee the full way to Israel and the OPT, of Israel’s ratification, applies both not by itself impede the application of the Covenant or accountability of or Covenant application the the of impede itself by not of its authorities.” Article 2(1) for the action the State under is provided by the ICESCR. As the Committee on Social, Economic, on Social, Economic, As the Committee is provided the ICESCR. by and Cultural noted in 2003, the provisions Rights of the Covenant are does well, since “the applicability as rules of IHL of applicable OPT in the Further clarification on the normative content of the right to education right to education, includingright to those incarcerated its prisons, should in education of status the from stemming as understood be first therefore these instruments. consecrated in right as a fundamental The Occupying Power’sThe Occupying broad obligation Palestinians’ to ensure Economic Exploitation of Palestinian Political Prisoners in placevariouspoliciesthat restrict the rightofdetainees Palestinian In contrast to these internationallyacceptedstandards,theIPS has put informational material.” and cultural of educational, quantities “reasonable the righttoobtain thataprisonerhas provisions,stipulating othersimilar also contain by theStateinquestion. instruments signed The BasicPrinciples international other and Rights” of Human Declaration the Universal in freedomsset prisoners “retainthehumanrightsandfundamental out of the humanpersonality.” emphasizethat The BasicPrinciples all at thefulldevelopment aimed education and part inculturalactivities mandates thefollowing:“Allprisonersshallhaverighttotake 60 well asengagementin creativeactivities. programs, as ofprisonersin educational education andtheenrollment of prisoners’ means for thecontinuation necessary forall They provide of prison. tours outside to gooneducational permission prisoners IPS regulations for criminal prisoners,ontheother hand, grantcriminal activitiesareconducted withincellwalls. that educational condition officials prison also takesplaceonthe or guards.Educationfor“securityprisoners” of discretion the at withdrawal to subject privilege a as for “securityprisoners” education of SecurityPrisonersdescribes Article 21ofIPSOrderNo.00 and IHRL. of IHLto aright,incontravention as opposed as aprivilege education frame of which all education, address orders inIPSregulations Several Administrative Detainees IPS Regulations relatedto the Education of Security Prisonersand and prisonerstoeducation. BasicRegulation forSecurityPrisoners,supranote109, Art 21(a). Prisoner EducationinIsraeliLaw 03 / 51 02 / on the Rules for the ontheRules Treatment 60

Economic Exploitation of Palestinian Political Prisoners , updated / 48 / 00 Since the Basic 61 as well as any printed material as well as any 62 52 63 and the condition that prisoners have “sufficient on the Education of Security Prisoners in Security on the Education of / Instead, enrollment Open University is in the 66 64 the condition of study lay within that the subjects 48 / 65 04 This ‘privilege’ can be withdrawn the prison authorities at by 67 or as punishment for a disciplinary transgression. Punished 68 Ibid., Art. 21(g) Ibid., Order No. 04 Israeli Prison Service, Education of Security Prisoners in the Open University, Art. 3 (1). supra note 110, Education of Security Prisoners in the Open University, Ibid.,Art. 3 (2). Ibid.,Art. 3 (3). Art. 21(k) Ibid., Ibid. Art. 21(e) (f) Ibid., 68 16 January 2006. 65 66 67 61 62 63 64

prisoners cannot recover the payments they made for their tuition. prisoners cannot recover the that does not have to explain what the security considerations consist of, funds.” any given time, either pretext of “security reasons,” under the in which case the ‘privilege’ must be withdrawn by way of a written statement “good behavior,” “permissible areas,” Prisoners) does not establish a right to education for Palestinian political prisoners. defined as a privilege subject to a number of conditions, including Order No. 00 the Open University (hereinafter Order on Education of Security that poses a “threat” to its security, that poses a “threat” in Israel. that is not published activity based on their personal opinion at any given time. Prison administrations publication also have the right to ban any or textbook Regulations do not define “provocative,” administrations gives the prison the discretionary power to arbitrarily this provision essentially educational prisoner is engaged in “provocative” a decide whether educational educational materials may be confiscated and educational activity for all the student group members of halted. may be Article 21 of the IPS order dealing order imposes “security prisoners” with of the IPS Article 21 collective punishment in the case any “provocative” that educational materials such materials In the case that are found. all are found, Economic Exploitation of Palestinian Political Prisoners denial oftheculturalandeducationalrightssecurityprisoners. in 2011.beginning All told, the amendment allowsfor the continuous for “securityprisoners” well asadecisiontohaltalluniversityeducation from takinghighschoolexams,as and detainees prisoners Palestinian to prevent by theIsraeligovernment order tohonora2009decision events andactivitiesin andrecreational in educational participation suitable. The amendment, however,from “security prisoners” excluded Prisons Law, ostensibly inorderto ensure that prison conditions become the Knessetenacted and theIPSadministration, 42 ofthe Amendment (the Shabak) Security Service movement, theGeneral by theprisoners’ 17 April and14May2012theagreementsubsequentlyconcluded between by Palestinianprisoners strike undertaken After amasshunger Education in Amendment 42tothePrisonsLaw 53

Economic Exploitation of Palestinian Political Prisoners 54

Economic Exploitation of Palestinian Political Prisoners 7 ADDITIONAL IMPACTS OF PALESTINIAN ECONOMY

0 0 0 0 0 8 9 2 IMPRISONMENT ON SECTION 4 55

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Economic Exploitation of Palestinian Political Prisoners 56

Economic Exploitation of Palestinian Political Prisoners of Detainees is one of the primary Palestinian actors responsible for actors responsible isoneoftheprimaryPalestinian of Detainees which subsequentlytook over theex-prisonersprogram. The Ministry and Ex-Detainees Detainees Affairs (heretofore:MinistryofDetainees), of Social Affairs. On 7 August 1998,thePA founded theMinistryof program for released prisonersundertheauspicesof the Ministry Palestinian Authority (PA). Prior to 1998, thePA ran anassistance after thesigningofOslo the Accords in1993,whichestablished The structureoftheIsraeliprisoneconomyshiftedsubstantially cases orconsistentlyover time. as the Ministry (and thereby, the PA) has not covered these fines in all the total payment by Palestinian political prisoners of disciplinary fines, from 2007 Addameer by the Ministry of Prisoners and reflect these fine payments who on occasion shoulder the fines. The figures below are provided to and from theMinistryofPrisoners, with prisoners interviews through bedetermined only can total this Therefore, fines. disciplinary from it receives the money about information not publish The IPSdoes ‘prisoners salaries’andcourtfines. training, vocational loans, support, legal fines, disciplinary payments, educational canteen, for families their and them to aid financial other as providing as well prisoners, of Palestinian systems onbehalf prison makesanumberofpaymentstotheIsraelimilitaryand of Detainees in regardstothePA’sand economically. rolepolitically The Ministry The PA’sraises questions of theMinistryDetainees establishment shouldering thefinancialburdenofIsraeliimprisonment. Affairs (PA) Establishment oftheMinistryDetaineesandEx-Detainees ADDITIONAL IMPACTS OFIMPRISONMENTON 2010

- . These figures should not be understood as reflecting PALESTINIAN ECONOMY 57

Economic Exploitation of Palestinian Political Prisoners 00.00 149,503.08 572,094.87 Fines (US$, 2012 prices) 1,103,374.68 1,035,501.71 PA Payment of PA 58 00.00 547,350.00 Fines (NIS, 2,011,737.50 3,807,650.00 3,691,950.00 PA Payment of PA current prices) Table 8: PA Payment of Fines Payment 8: PA Table Year 2007 2008 2009 2010 Average On one occasion in 2010, the administration of Nafha On one occasion in 2010, prison authorities imposed a On According to data provided to Addameer by the Ministry According to data provided to Prison imposed a fine of 125 NIS on 20 prisoners after a small piece of metal was found in one of the rooms in punishments. and fines other to addition in 12, Section IPS. fine of 500 NIS on110 of the 120 prisoners in Hadarim Prison on the basis of having found mobile phones. Applying this rate to the entire year, for which information Applying this rate to the entire year, is not available, one that the total amount can estimate of fines imposed by the IPS on Palestinians for that year all paid through NIS, approximatelymillion amounted to 3 the financial accounts of prisoners registered with the of Detainees, the total amount of fines imposed by the IPS the by imposed fines of amount total the Detainees, of on prisoners in July 2010 alone amounted to 250,000 NIS. 3. 2. 1. In order to provide an idea of the amounts fined for various offenses, Addameer has also collected a number of examples of fines imposed Addameer’s documentation unit: by the IPS collected by Source: PA Ministry of Detainees, 2007-2010. Ministry of Detainees, Source: PA Economic Exploitation of Palestinian Political Prisoners Other FormsofPA Support 4. 6. 5. of May 2013, the Ministry had provided approximately 300 approximately of May2013, theMinistryhadprovided prisoners. According to our interview with a PA official, as economicprojectsforreleased loans tofundsmall-scale prisoners every year.released The Ministryalsoprovides release, thePAto 600 training vocational provides post- of prisoners re-integration facilitate theeconomic prisoners withone-timegrantsuponrelease. Inorderto inconsistent. and are variable provides The Ministryalso as theamounts as well are given length oftimesalaries NIS amonth. 5million amount toapproximately The 1,400 and1,200NISamonth, andintotal between range who havespent3ormoreyearsinprison–these salaries spent morethan5yearsinprisonandtofemale prisoners male prisoners whohave provides salariestoreleased rates) onthesesalaries. at 2012 million The Ministryalso NIS ayear(USD$4.82 17 million approximately spends to ourmeetingswithrepresentativesfrom the Ministry, it scale determinedbytheamountoftimeserved. According imprisonment, thePAon asliding salaries’ pays‘prisoner member’s of afamily as aresult for lostfamilyincome society.of Palestinian First, in ordertocompensate impact of Israeli imprisonmentpracticesonthe rest are many other ways in which the PA offsets the financial including thecancellationoffamilyvisitsfor2months. series of onthehungerstrikingprisoners, other punishments a andimposing NIS 250 prisoner each fining Hana detainee striking administrative hunger Al-Shalabi, prisoners for undertaking a hungerstrikeinsolidaritywith uncovered mobilephones. inspection prison-wide a after prisoners 160 on fine NIS a 228 including prisoners, against of sanctions a series In addition to canteen and court fine payments, there payments, fine court and canteen to addition In 36 Prison punished of Gilboa In 2012,theadministration of 2011,At thebeginning imposed authorities prison Nafha 59 800 -

Economic Exploitation of Palestinian Political Prisoners released released prisoners every - 60 2,800 university university tuition for 2,000 year – 50% of tuition for those majoring in the humanities majoring in sciences. and 75% for those loans releaseto prisoners. Each loan was valued at USD$ 10,000 and given in cooperation 3% interest rate at a with portion covers a of the the PA the National Bank. Finally, CONCLUSION seek compensation. instance, operate on the basis of reimbursements,instance, operate on the basis meaning that the prisoner’s family must still shoulder financial pressure and actively of these individual financial burdens, the economic practicesIPS of the nevertheless create a financial problem that support, for then‘solved.’ Many of the previously delineated forms of PA needs to be time with an institutional, rather than individual, payer. Moreover, even Moreover, time with an institutional, than individual, rather payer. though the Ministry of Detainees does succeed in alleviating some economic burden of imprisonment off the shoulders of prisoners and economic burden of imprisonment off their families, it should be envisioned still as part of the economic expropriation Israeli that results from imprisonment practices, this Although PA support can be understood support can be as taking part of the Although PA Economic Exploitation of Palestinian Political Prisoners Central Bureau of Statistics (PCBS), the annual GDPCentral BureauofStatistics(PCBS),theannual incurrentprices in prices) (incurrent figure GDP 20112011.in persons bytheemployed official to thePalestinian According the divide we this, do To consideration theunemploymentrateatthatinstant. into taking to prisoners, of number worker the by Palestinian figure that multiply GDP, ofeach and contribution the figure to is estimate out ofthelaborforce.Onewaycreatingasimple cost ofthembeing opportunity cost of Palestinians imprisoned, specifically the opportunity the society Palestinian and prisoners cost toPalestinian An additional Opportunity costofImprisonment:LaborForce million in2008exchange rates). Palestinian prisonersin 2008wasroughlyNIS412million(USD$108.7 cost ofthe that thetotaleconomic workers. It demonstrated were paid 11,000 andthatmorethantwothirds(79percent) were employed, prisoners the of percent legal 56 that including concluded They costs fines. court fixed and fees (3) + costs canteen and transportation costof (1) opportunity workers (similarto the aboveprocess)+ (2) variable costs including equaled year specific a in prisoners of cost economic the that was created they equation The year. specific a in prisoners cost” ofPalestinian attempted toestimatethe“economic prisoners, and of Palestinian conditions for thesocioeconomic a survey conducted and Reconstruction(PECDAR) Development for Economic Council In theendof2008,PCBSandPalestinian and contributedaroundUSD$44million. in thePalestinianlabormarket have beenemployed prisoners would were from the West Bank) was19percent.Hence,theoretically, 3,771 show thatintheWestunemployment Bank (vast majority of prisoners labor survey annual prisoners, andthe2012 were 4,656Palestinian there 2012 of end the by that show figures Moreover,USD$11,678. 837,000, i.e.eachworkerwouldhavecontributedtoapproximately was USD$9.775billionandthe number of employed workerswas OPPORTUNITY COSTSTO LABOURFORCE 61

Economic Exploitation of Palestinian Political Prisoners 62 CONCLUSION – one of the Israeli practices identified during the Israeli prison labor the When authorities. prison Israeli to beneficial strategically –is period (financial) impact. privileges This reveals one sense in which the framing of rights as effect is, in turn, that prisoners begin to police one another, since even police one another, prisoners begin to that in turn, is, effect individual punishments for so-called ‘transgressions’ have a collective basic alimentary needs, the fined prisoner’s cellmates will supplement will cellmates prisoner’s fined the needs, alimentary basic prisoner fined the by back paid be to wait and purchases prisoner’s that ripple financial this of consequence The possible. becomes that when prisoner is fined or denied access to their canteen account by the IPS the by account canteen their to access denied or fined is prisoner for disciplinary reasons, because prisoners rely on the canteen for their if other prisoners’ canteen accounts are not directly affected, this directly affected, are not prisoners’ canteen accounts other if since prisoners generally pool the collectivefood supply, still affects the entire group. When a single for their canteen allowances cook to of Israel’s failure to honor its legal obligations, tends to have collective canteen accounts; even prisoners’ are deducted from Fines effects. an economic burden – and to cause divisions within prisoner society. cause divisions within prisoner society. an economic burden – and to The latter project is channeled in large part through disciplinary action inside prison, it is not explicitly which, even when collective, because of the Israeli authorities both to cause divisions between prisoners to Israeli authoritiesboth the of and the rest of Palestinian society – in this case, by making prisoners project in its impact both on Palestinian project in its impact at large and prisoner society Like Israeli exploitation of Palestinian prison society in particular. the practices outlined in this paper on behalf reveal attempts labor, In addition to these basic economic gains, the economy of the Israeli the economy of economic gains, the basic these addition to In of the Israeli colonial is strategically useful as a part prison system society and on the and PA, contributed to the financial successes of sector. the Israeli private IHRL, has decreased its own financial burden as broughtimprisonment on practices, by its increased financial burdens on Palestinian First and First and paper foremost, this shows how the Israeli state, in reneging and on its obligations Palestinian vis-à-vis political prisoners under IHL Economic Exploitation of Palestinian Political Prisoners organizational energy of prisoners away from political pursuits and away frompolitical energy ofprisoners organizational effect.This, inturn,hasadual and the intellectual First,itchannels Detainees. of Ministry the at officials by and prisoners former many by both made observation an one, financial and material a into issue has transformedtheprisoners’ of Israeliimprisonment economization Inasense,the mobilization. and demands ofprisoner subjects been the varietyofproductsofferedincreasing atthecanteen,haveall accounts byfamilymembers,and canteen into prisoner deposits facilitating the prisoners’movement. Increasingcanteenallowances, most of all, food–asprivilegesalsohasatransformativeimpacton This framingof rights –of education, hygiene, medicalcare,and, and quality, it gains not only canteenroyalties,but also a policing tool. in quantity that areadequate prisoners withmeals IPS doesnotprovide of the IPS’ economic policies, whichgeneratefeelingsof dependency impact broader the mirrors powerlessness and dependency financial of feelings them give fines IPS that prisoners amongst argument The their placeinPalestiniansociety. with oneanother, theirinteractions mobilization, of theirpolitical and Israeli thisproject, ‘security’prisoners bytheterms threat posed byPalestinian changing for subverting the political in thepasttwentyyears–clearlyaimtoward neutralizing room imprisonment practices ample – especially the financial policies it find has adopted prisoners subjects. –political into new–andmoreeasilymanageable Although individuals incarcerated and transforming with respecttodisciplining contexts) in colonial imprisonment (inallcases,thoughespecially of goals broader the reflects turn, in culture, prisoner on impact This between prisonersandtherestofsocietymentionedearlier. of divisions thekinds sewing public, amongst thePalestinian prisoners which hashadthe effect of to beginning changeperceptionsof but formaterialcomfortduringimprisonment, not fortheirliberation, to struggle, have begun that prisoners an understanding encounters that services.Secondit companies runthecanteenandassociated the and IPS the benefit financially that goods material securing into 63

Economic Exploitation of Palestinian Political Prisoners 64 threats by forcing them to dedicate their energies to struggling for basic struggling for dedicate their energies to by forcing them to threats were which they strugglesfor kind of the rather than to material needs, originally imprisoned. Palestinians into policing one another. Finally, politically, these policies politically, Finally, Palestinians into policing one another. political as identified prisoners neutralize to designed are practices and financial gain to Israeli private companies.aim to sew divisionspolicies within Palestinian and practices of the IPS Socially, economic the coercing prisoner society in particular, society at large and within is beneficial to the Israeli governmenteconomy,and decreases the monetary of imprisonment cost and in that it provides both in that it Palestinians aims at facilitating the Israeli occupation and colonization of Palestine on financial, social, and political levels. Financially, the obligations its under international honor law failure to Israeli state’s In conclusion, then, the economization of the political imprisonment of the post-Oslo period, has been framed as an economic issue solvable on a micro-level, the by ‘development’ same way that, in much the a higher canteen allowance. prisoner’s issue is solvable by transformation of the prisoners’ issue into a financial one also mirrors the de-politicization of the Palestinian question which, particularly in integration of the PA into the Israeli prison system made Palestinian into the Israeli prison system PA the integration of society responsible for facilitating the imprisonment of those who The resist the occupation colonization and of Palestinian land. Moreover, just as the Oslo Accords Accords have made Palestinian society just as the Oslo Moreover, so has the responsible guaranteeing for the security their of occupier, transforms the prisoner into a new kind of (dependent) Palestinian (dependent) new kind of prisoner into a the transforms practices can Israeli imprisonment economization of ‘citizen,’ the be understood realities as a microcosm of post-Oslo in Palestine. the Israelis, but also a new form of political new form of political but also a the Israelis, subjecthood the vis-à-vis which PA, and the prisonerrelationship between the buildinga In PA. on the PA, their their of income main source during incarceration. In this PA, on the prison of the Israeli is to introduce economy effect the overall way, the prisoner into, not only a new of political form subjecthood vis-à-vis amongst prisoners – not just on Israeli prison authorities – but also also – but prison authorities on Israeli just not prisoners – amongst Economic Exploitation of Palestinian Political Prisoners 2012, “PalestineBehind Bars,”http://www.palestinebehindbars.org/, accessedMay2012; Addameer (2013). Shabas/TIPUL_PRISONER/Prisoners+Info/prisoners_bithahoni.htm, accessed July 2011; AbdNassar, Ferwana, 70 www.inflation.eu/inflation-rates/israel/historic-inflation/cpi-inflation-israel. aspx 69 are extrapolateddata for yearswhichthereisnoreliabledata. Source: IPS 2011, AbdNassar 2012, Addameer 2013 Sources: PCBSandICPSfigures,2013. Israel Prison Service, 2011,Prison Israel «TotalWebsite,Service Israel Prison SecurityPrisoners,» http://www.ips.gov.il/ http://pcbs.gov.ps/Portals/_Rainbow/Documents/e-Time%20series%20cpi%201996 ANNEXES Graph 2: Annual NumberofPalestinianPoliticalPrisoners Graph 1:ComparisonofInflation–IsraelandtheOPT detained inIsraeliJailsby Year 65 69 . 2012 70 Barsingray - . htmandhttp://

Economic Exploitation of Palestinian Political Prisoners - 66 USD annually (in 2012 prices) on jailing USD annually (in 71 These calculations do not include of These calculations not the costs do 72 , the IPS received an average 18.91% of the total the of 18.91% received an average IPS the , - 2012 , Palestinian “security” prisoners comprised 36% of the total 36% of prisoners comprised Palestinian “security” , Additional information Additional Israel’s internal security is taken from the Israeli Ministry of Finance, various years, The Government›s Budget, Israel’s internal security is taken from the Israeli Ministry of Finance, various years, Currency conversions throughout this report were calculated by averaging the exchange rate of NIS (New htm, accessed March 2013. 72 Security Prisoners,» Israeli «Total 2011, Authority, The number of prisoners is from: Israeli Prison Jerusalem. Prison Authority Website, http://www.ips.gov.il/Shabas/TIPUL_PRISONER/Prisoners+Info/prisoners_bithahoni. 71 to achieve an Israeli to the US dollar Shekel) during the last business day in each month throughout the year, average yearly exchange rate. arresting prisoners, and trying are incorporated as these costs into the and police budgets. courts, military Palestinian prisoners, approximately USD per prisoner 18,395 per year (in 2012 prices). prisoner population held in Israeli jails (not including prisoners in PA prisoner population including held in Israeli jails (not prisoners in PA prisons). Based on these figures, one canestimate that Israel spent million 123.27 an average of budget of the Ministry of Internal Security annually. Between 1988 Between annually. of Internal Security of the Ministry budget 2011 Between 1988 Between Economic Exploitation of Palestinian Political Prisoners ADDAMEER (Arabic for conscience) Prisoner Support and Human Rights Association is a Palestinian non-governmental, civil institution that works to support Palestinian political prisoners held in Israeli and Palestinian prisons. Established in 1992 by a group of human rights activists, the center o ers free legal aid to political prisoners, advocates their rights at the national and international level, and works to end torture and other violations of prisoners' rights through monitoring, legal procedures and solidarity campaigns.

Addameer's Vision: Addameer believes in the importance of building a free and democratic Palestinian society based on justice, equality, rule of law and respect for human rights within the larger frame- work of the right to self-determination. Addameer's work is based on a belief in the univer- sality of human rights as enshrined in international law.

Addameer's Goals: 7 29800000 80000 0 End torture and other forms of cruel, inhuman and degrading treatment inicted upon Palestinian prisoners; Abolish the death penalty; End arbitrary detentions and arrests; Guarantee fair, impartial and public trials; The Economic Exploitation of Support political prisoners and their families by providing them with legal aid and social and moral assistance and undertaking advocacy on their behalf; Push for legislations that guarantee human rights and basic freedoms and ensure their Palestinian Political Prisoners implementation on the ground; Raise awareness of human rights and rule of law issues in the local community; Ensure respect for democratic values in the local community, based on political diversity and freedom of opinion and expression; Lobby for international support and solidarity for Palestinians’ legitimate rights.

Contact: Addameer Postal Address: P.O.Box 17338, Jerusalem Telephone: + 972 (0)2 296 04 46 Ramallah Oce: 3 Musa Tawash Street, Fax: +972 (0)2 296 04 47 Prisoner Support and Human Rights Association E-mail: [email protected] Sebat Building,1st Floor, Ramallah 2016 Web: www.addameer.org