By Jaidaa Taha and Tamar Beeri
CAIRO/JERUSALEM (Reuters) -Israel released almost 2,000 Palestinians from its custody this month in exchange for 20 Israeli hostages held by Hamas, as part of the U.S.-brokered ceasefire in Gaza.
They include 250 prisoners, some members of Palestinian militant groups, who were either convicted or charged with carrying out, taking part in, or planning deadly attacks. Hamas said 154 of the 250 convicted prisoners were deported to Egypt.
Around 1,700 of the remaining freed prisoners were detained by the military during the war and held without court rulings.
NUMBER OF PALESTINIANS IN ISRAELI JAILS
After the deal, the number of Palestinians in 23 Israeli prisons and detention centres stood at more than 9,100.
There is an additional unspecified number of Gaza prisoners held in some army-run detention camps such as Sde Teiman in the Negev desert and Naftali Camp in northern Israel. Israel doesn’t disclose more information about their numbers, whereabouts, and fate, according to Palestinian human rights groups.
Out of the 9,100, around 3,544 were administrative detainees, held without being sentenced, according to a source from the Palestinian Prisoners Society and reports by Palestinian rights groups.
Some 77 died in Israeli prisons since the start of the war, a report by Palestinian rights groups including The Commission of Prisoners’ Affairs and Ex-Prisoners, an official entity affiliated with the Palestinian Authority, said.
Before Hamas’ October 7, 2023 attack and the start of the war in Gaza, the total number of Palestinian prisoners was 5,250, of which 1,320 were under administrative detention, according to reports by Palestinian rights groups.
The Israeli Prison Service said it does not share data and that it is not responsible for the arrests and legal proceedings. The Israeli Judiciary Authority and the Ministry of Defense did not respond to requests for the total tally of prisoners.
CHARGES HANDED TO PALESTINIANS
The accusations against the 250 freed prisoners who had been charged or convicted ranged from kidnapping to murder, involvement in shootings or large-scale attacks, possession of firearms, and membership of a militant group, according to a list published by the Israeli Justice Ministry.
Out of the total 9,100, around 1,200 were convicted and 3,544 under administrative detention. The total tally also included 400 minors and 52 women, according to a source and a report by the Palestinian Prisoners’ Society.
Other charges, often levelled at people including doctors and teachers – some who take part in protests against Israel or whose relatives come under suspicion – range from suspected involvement in, or affiliation with, militant groups, to stone throwing, according to lists shared by Palestinian rights groups.
Palestinians regard brethren jailed by Israel as heroes in a struggle against Israeli occupation. Israel considers those convicted of violence against its citizens to be terrorists.
ADMINISTRATIVE DETENTION
As part of Israel’s emergency powers laws, Israeli authorities can hold prisoners deemed as a security threat without trial, a practice that has drawn international concern and been challenged repeatedly by human rights groups in Israeli courts.
The practice is commonly applied to Palestinians but has been used against Jewish Israelis suspected of attacks against Palestinians too.
Such detainees are sometimes held without trial for months, a measure Israel says is required to prevent further violence in the absence of sufficient evidence to prosecute, or where going to court would risk exposing the identity of secret informants.
The detainees, as per the law, must be presented to a court where the order of detention is reviewed. The court can accept evidence without disclosing it to the suspects if it believes the disclosure could endanger security.
The initial six-month detention period can be renewed indefinitely if commanders still have reasons to believe the detainees threaten security, sometimes leaving Palestinian prisoners in prison for years without being charged.
The detainees must be brought in front of a court within eight days to confirm or reject the detention order that can later be appealed. Judges are allowed to accept evidence without the presence of detainees.
UNLAWFUL COMBATANTS LAW
Palestinians from Gaza are held in Israel under the Internment of Unlawful Combatants Law, which allows for an unlimited period of detention for people believed to have participated directly or indirectly in hostile acts against Israel.
Around 2,673 were held in Gaza under this law before the latest deal, according to Palestinian rights organizations, excluding those held in military detention camps. Of that total, 1,700 were released under the latest deal.
Their detention has sometimes been extended by a judge, but without conviction or official charges, according to information from prisoners’ associations in Gaza and the West Bank.
The Israeli military said any initial arrest in which the evidence was not immediately conclusive, such as a video of a murder, was conducted according to the Unlawful Combatants Law.
When conclusive evidence is received, a criminal arrest is carried out, it added.
(Reporting by Jaidaa Taha and Tamar Ureil Beeri, additional reporting by Ali Sawafta, Editing by Mayaan Lubell, Nidal al-Mughrabi, Aidan Lewis)
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