ISRAELI HIGH COURT REJECTS LAW’S PETITION ON HEAT FOR 600 DETAINEES HELD TENTS BUT DEMANDS MILITARY TO CONSIDER ALTERNATIVE OPTIONS WITHIN TWO WEEKS
Feb 23, 1997
(Jerusalem) Today, in the middle of the stormiest week of winter this season, the Israeli High Court rejected the Palestinian Society for the Protection of Human Rights and the Environment’s (LAW) petition demanding heat for the 600 Palestinian administrative detainees and prisoners held in tents in Megiddo prison. The High Court accepted the government’s argument that providing heat would endanger the security of the prison, expose the detainees to electrocution and provide the detainees with another apparatus to torture each other and commit suicide. The Court also accepted the government’s contention that it could not install electrical heating in the tents even though each tent has a television set and the cooking tent is equipped with a refrigerator.
In light of the government’s position that installing heat is not feasible, the court ruled that the government must propose in two weeks, alternative options for the detainees, including transferring the detainees out of the tents and into buildings.
During oral argument, LAW’s attorney referred to a prior High Court decision where the government promised to provide Glatt Kosher food for a Jewish detainee and improve his conditions. In Israeli prisons, all food is Kosher and acceptable under Jewish law, but religious Jews prefer kosher food supervised by selected Rabbis. LAW’s attorney argued that the government was applying a double standard for the treatment of Jewish and Palestinian detainees. While the government was willing to appease the Jewish detainees and even provide them with extra-”kosher” food, it was refusing outright to provide heat for 600 Palestinians detainees held in tents for extended periods of time. The High court responded that, “No one can commit suicide with Glatt Kosher food.”
The three judge panel consisted of Justice A. Goldberg, Justice A. Matsa, and Justice M. Cheshin. ________________________________________________________________________________ LAW-The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organization, dedicated to preserving human rights through legal advocacy. LAW also is an affiliate member of the Paris-based International Federation for Human Rights.