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The Definition of Palestinian Prisoners in Israeli Prisons As “Security Prisoners” – Security Semantics for Camouflaging Political Practice

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The Definition of Palestinian Prisoners in Israeli Prisons As “Security Prisoners” – Security Semantics for Camouflaging Political Practice The Definition of Palestinian Prisoners in Israeli Prisons as “Security Prisoners” – Security Semantics for Camouflaging Political Practice Abeer Baker What are we dealing with here? With a definition? which justifies their stricter living conditions Can this or that definition do anything to add or and supervision, and also the reduction of their detract from the prisoners’ conditions of prospects of early release. In contrast to the confinement, or to release those we seek to release? general approach towards prisoners, which is The answer is: Yes! The definition we are based on an individual assessment of a person demanding is a political definition and not a legal and the extent of danger he or she presents, one, and not only a theoretical position of principle the attitude of the State of Israel toward the derives from it, but also a politically practical one. “security” prisoners is based on their group (Walid Daka, Gilboa Prison, 2005)1 affiliation. In addition, the blurring of a prisoner’s personal characteristics by attaching Introduction to him or her the “security” definition not only Prisoners incarcerated in Israel are classified violates the prisoner’s rights as an individual, in two categories: “criminal” prisoners and but also denies his or her political existence 65 “security” prisoners. The commands and and conceals the background and reality directives of the Israel Prison Service (IPS) do behind the imprisonment. As I will not define a “criminal” prisoner, but they do demonstrate, this collectivized approached is define a “security” prisoner.2 In practice, most also reflected in the courtroom. of the prisoners defined as “security” prisoners The same approach is not applied to Jewish are Palestinians, but there is a very small prisoners categorized as “security” prisoners. number of Jewish prisoners who are defined Israel’s approach toward these prisoners is based as such. on their characteristics as individuals, and not The determination that a particular necessarily on their security classification within prisoner is considered a “security” prisoner is the prison. This attitude is not the result of a the result of an internal administrative decision particular policy, but it is indirectly anchored by the IPS and not as a result of a particular in the directives of the IPS. In order to legislative order. In time, this definition has demonstrate how deeply rooted this attitude become a code of identification for Palestinian is – both in practice and in the written prisoners3 in general and not only vis-à-vis the directives – I will first analyze the legal aspects IPS or the law enforcement authorities. of the definition of “security” prisoner and In this article, I argue that the definition point out the practical ramifications of this of these prisoners as “security” prisoners – definition and the discrimination it creates. I which I call “collectivization” – is problematic will then describe the collective lifestyle of at the constitutional level and at the practical Palestinian prisoners and focus on the level. This definition, applied in a blind, connection between this lifestyle and the way categorical manner without distinction, in which the prisoners view themselves transforms thousands of Palestinians compared to the way in which they are viewed imprisoned today in Israel into a single group by the prison system and the courts. that poses, as such, an identical level of danger The Definition of Palestinian Prisoners in Israeli Prisons as “Security Prisoners” Who is a “Security” Prisoner? of throwing a Molotov cocktail that did not A “security” prisoner is defined as “A prisoner explode is regarded as equally dangerous as a who was convicted and sentenced for forty-year-old man who commanded an armed committing a crime, or who is imprisoned on cell that carried out attacks. Similarly, members suspicion of committing a crime, which due of the Islamic Movement suspected of to its nature or circumstances was defined as economic crimes and of forging economic ties a security offense or whose motive was with Palestinian organizations defined as nationalistic.”4 This definition is grounded in hostile are regarded as threatening state security the internal directives of the IPS and is not a to such an extent that they are prevented from normative directive anchored in primary having physical contact with their children legislation. during visits to the prison,7 in the same way The IPS does not deny the fact that the that combatants caught in the midst of active classification of prisoners as “security” prisoners fighting are. And again, a prisoner sentenced is intended, inter alia, “to make it easier to twenty years ago for being a member of an properly manage the prison facilities by holding armed cell that killed a soldier is considered these groups separately.”5 It is not clear which to pose the same level of security risk as a 66 groups are referred to here, since the prisoner who very recently committed a classification turns these prisoners into one, murder. single group. The IPS explains the rationale behind this collective classification as follows: Ramifications of the Definition and Prisoners sentenced for crimes against state security its Blanket Application to usually have real potential for endangering the Palestinian Prisoners security of the state, in general, and the order and According to the directives of the IPS discipline in the prisons in particular – and this in Commission, the assignment of the “security” light of the type of offense they committed, their definition to particular prisoners is ostensibly past, their motives and their involvement in activity supposed to influence the IPS’s approach to against the security of the state. handling these prisoners and detainees only Most of these prisoners are also connected to with regard to designated issues pertaining to terror organizations and this connection poses contacts with the world outside of the prison, special dangers to order and discipline in the prison, as follows:8 as well as to the security of the state. The anticipated security threat from the ‘security’ prisoners requires 1. Determining in which prison or in that they be confined separately from criminal which prison-wing the prisoner will serve prisoners and be subjected to special restrictions in his sentence; all things related to connection with the outside. 2. Granting furloughs; This includes issues such as furloughs, visits, 3. Making telephone calls from the prison; telephone calls and conjugal visits.6 4. Making home visits under guard; 5. Regular reporting to the General By means of this general explanation, Security Services (GSS) or police prior to thousands of Palestinian prisoners classified as completing two-thirds of the prison term “security” prisoners are assigned an identical in order to formulate a recommendation level of risk. A fourteen-year-old boy suspected for the State Prosecutor’s Office. The Definition of Palestinian Prisoners in Israeli Prisons as “Security Prisoners” It should be emphasized that these five items Liberation of Palestine – General Command constitute only a partial list of the things that (Jibril), the Abu Nidal organization, and Osama bin Palestinian prisoners are automatically denied Laden’s organization.11 because of their “security” classification. It is possible to enumerate a long list of additional Reading this exception, one could get the violations of many other rights, but for the sake impression that this directive expresses an of brevity, I will not do so here.9 individual approach to the prisoner, based on I will focus instead on those things that an assessment of the level of his individual derive from the IPS Commission’s directive threat, despite his or her classification as a quoted above, and their de facto significance. “security” prisoner. However, this The directive creates a sweeping prohibition individualized approach does not apply to the that prevents prisoners classified as “security” overwhelming majority of Palestinian prisoners prisoners from using the telephone and going classified as “security” prisoners. My on furloughs. The prohibition even blocks contention is that this exception mainly serves them from petitioning for early release from Jewish prisoners classified as “security” prison. Nonetheless, two exceptions were made prisoners.12 to this rule, as will be discussed in detail below. 67 A reading of the exceptions indicates, Firstly, no Jewish organization is listed among ostensibly, that they are based on an the hostile organizations defined in the IPS individualized conception that enables a person Commission’s directive, although history has to enjoy such rights on the basis of his or her demonstrated that there are Jewish personal record. However, a thorough organizations that advocate harming Arabs examination of these exceptions reveals that solely because they are Arabs, such as the Jewish this individualized approach does not apply Underground or the Kach Movement.13 Thus, to Palestinian prisoners. this exception automatically applies to any Jewish prisoner classified as a “security Exception (1): Non-affiliation with a prisoner,” whether he belongs to an Hostile Organization10 organization that advocates the use of violence One of the exceptions that allow someone or not and regardless of the severity of any such classified as a “security” prisoner to avoid organization’s activities. In other words, the restrictions is if the prisoner has not been a approach toward Jewish
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