Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities; however, a significant number of cases of missing persons from the 1991-95 conflict remained unresolved. The Ministry of Veterans Affairs reported that as of October 20, 1,468 persons remained missing, and the government was searching for the remains of 401 individuals known to be deceased, for a total of 1,869 unsolved missing persons’ cases. The ministry reported that from October 10, 2019, to October 20, the remains of 18 individuals were exhumed, and final identifications were made for 30 individuals. Progress remained slow primarily due to lack of reliable documents and information about the location of mass and individual graves, as well as other jurisdictional and political challenges with neighboring countries. The ministry reported that since January 1 it received seven new requests for searches, five for missing persons, and two for remains of those known to be deceased. In April the ministry implemented a regulation that provides monetary rewards for those who provide information or documentation that leads to the resolution of missing persons cases. This tool was being utilized to enhance the search for missing persons. On August 30, Prime Minister Andrej Plenkovic and Deputy Prime Minister and Minister of Veterans Affairs Tomo Medved marked International Day of Missing Persons by participating in a Conference on Missing Persons from the Homeland War.
The constitution and law prohibit such practices, but, according to the Office of the Ombudsperson, there were several reports of physical and verbal mistreatment of prisoners and detainees. Impunity was not a significant problem in the security forces.
Prison and Detention Center Conditions
Some reports regarding prison or detention center conditions raised human rights concerns.
Physical Conditions: The ombudsperson’s 2019 annual report stated that in six of the 14 high-security units, the occupancy rate was more than 120 percent (considered critical according to the Council of Europe’s European Committee on Crime Problems). The prisons with the greatest overcrowding were those in Karlovac (175 percent of capacity), Osijek (174 percent), and Pozega (167 percent). The report noted that many prisoners resided in conditions that did not meet legal and international standards, and in some cases they were degrading and dangerous to inmates’ health.
In addition the ombudsperson reported the most frequent complaints were inadequate health care, followed by accommodation conditions, prison officers’ conduct, and inappropriate use of privileges. In its 2018 report, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated it received several allegations of physical mistreatment of prisoners by police officers, including slaps, punches, and kicks to various parts of the body.
The ombudsperson’s report described regular site visits to 12 police stations in the country that showed partial compliance with the standards of the CPT. According to the report, in some police stations video surveillance coverage was limited, increasing the risk of an untimely response to incidents during police detention. In some stations, however, video surveillance extended to sanitary facilities, compromising the privacy of detained persons. Lacking their own detention facility, Varazdin border police used the local police station at Ivanec for short-term detention of irregular migrants, although the facility’s size was insufficient for holding large groups and was difficult to keep sanitary. The report noted some police stations did not have dedicated vehicles for transportation of detained persons and sometimes used vehicles without ventilation and heating in violation of CPT standards.
Administration: The ombudsperson’s report stated detained persons frequently turned to the ombudsperson to address these issues due to the ineffectiveness of legal remedies. The ombudsperson investigated credible allegations of mistreatment and issued recommendations to improve conditions for detained persons. In 2019 her office took actions in response to 203 cases of violations of the rights of persons in the prison system, conducted 25 field administrative procedures, and the National Preventive Mechanism (NPM) implementers visited four prisons, 23 police stations, and four investigative units.
The report of the European Network of National Human Rights Institutions (ENNHRI) published in June noted that as of June 2018, the Ministry of the Interior continued to deny the ombudsperson immediate access to data on the treatment of irregular migrants in police stations. In 2019 the ombudsperson recommended that the Ministry of the Interior ensure unannounced and free access to data on irregular migrants to the ombudsperson and NPM implementers in line with existing legislation.
Independent Monitoring: The government permitted monitoring by independent, nongovernmental observers. The ombudsperson carried out tasks specified in the NPM and is authorized to make unannounced visits to detention facilities. The CPT and the ENNHRI also made visits in recent years.
Improvements: The ombudsperson’s report noted some improvements regarding accommodation conditions from the previous year, such as the addition of 50 newly constructed places in the Pozega penitentiary. The Ministry of Justice and Administration reported the overall security and accommodation situation in all correctional institutions, including penitentiaries, prisons, juvenile correctional institutions, and the Diagnostics Center in Zagreb (a health-care facility), improved despite temporary measures introduced to prevent the spread of COVID-19. Beginning in March, prisoners were offered more frequent and longer telephone calls, and, with the support of UNICEF, video visits from children to their incarcerated parents were increased. Compared with 2019, prisoners were allowed more time outside and provided additional structured activities. The ministry reported the capacity of the prison in Bjelovar was increased.
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.
Other than those apprehended during the commission of a crime, persons were arrested with warrants issued by a judge or prosecutor based on evidence. Prosecutors may hold suspects for up to 48 hours in detention. Upon request of prosecutors, an investigative judge may extend investigative detention for an additional 36 hours. Authorities informed detainees promptly of charges against them. The law requires a detainee be brought promptly before a judicial officer, and this right was generally respected. In 2019 the ombudsperson received 6 percent more complaints relating to the work of the Office of the Chief State Prosecutor, mostly due to lack of communication with citizens in reference to charges against them. The law limits release on bail only in cases of flight risk. In more serious cases, defendants were held in pretrial detention. Authorities allowed detainees prompt access to a lawyer of their choice or, if indigent, to one provided by the state.
The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Cases of intimidation of state prosecutors, judges, and defense lawyers were isolated.
The constitution and law provide for the right to a fair and public trial, and the independent judiciary generally enforced this right.
Defendants enjoy the presumption of innocence. They must be informed promptly of the charges against them. Defendants have a right to a fair, public, and timely trial and to be present at their trial. Despite the decreased number of cases, the backlog in domestic courts (462,200 as of September 30, down from 500,578 at the end of 2019) continued to raise concerns regarding judicial effectiveness, efficiency, legal uncertainty, and the rule of law. Lengthy trials remained one of the main problems in the judiciary. In June the ENNHRI reported that during 2019, the last year for which data was available, the number of complaints received by the ombudsperson regarding the judiciary decreased by 22 percent compared with 2018. Regarding the content of complaints, 38 percent expressed dissatisfaction with the work of the courts, a decrease of 34 percent compared with 2018. Complaints pointed to inconsistent application of case law, as well as insufficiently reasoned court decisions that seemed arbitrary. Complaints about the manner in which judges conducted proceedings and made decisions showed a growing distrust in the legality of the proceedings and raised fears of corruption.
Defendants have the right to communicate with an attorney of their choice or to have one provided at state expense. Defendants enjoy the right to adequate time and facilities to prepare a defense. Any defendant who cannot understand or speak Croatian has free access to an interpreter from the moment charged through all appeals. Defendants have the right to confront witnesses against them and to present witnesses and evidence on their behalf. Defendants may not be compelled to testify or confess guilt. Defendants and prosecutors may file an appeal before a verdict becomes final, and defendants may file an appeal through the domestic courts to the European Court of Human Rights (ECHR).
There were no reports of political prisoners or detainees.
Individuals may seek damages for, or cessation of, an alleged human rights violation. They may appeal to the ECHR after all domestic legal remedies have been exhausted or after a case has been pending for an excessive period in domestic courts. Administrative remedies were also available.
The government has endorsed the Terezin declaration but does not have adequate legal mechanisms in place to address Holocaust-era property restitution. The country has not effectively compensated claimants for property seized during the Holocaust period (1941-45) and has inconsistently permitted noncitizens to file claims.
Nongovernmental organizations (NGOs) and advocacy groups reported the government did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens. The law limits restitution of property seized during the Communist era to individuals who were citizens of the country in 1996 and permitted claims to be filed only within a specified window, which closed in January 2003. Consequently, the law does not provide effective compensation to persons, including Holocaust survivors, whose property was expropriated but who left the country and obtained citizenship elsewhere. A 2002 amendment to the law allows foreign citizens to file claims if their country of citizenship has a bilateral restitution treaty with Croatia. In 2010, however, the Supreme Court ruled that the government cannot require such a treaty as a necessary condition for restitution. In 2011 the Ministry of Justice attempted unsuccessfully to amend the legislation to reflect this finding and reopen claims. At the time the government estimated the amendment might benefit between 4,211 and 5,474 claimants. As of year’s end, the government had taken no subsequent steps to amend the law.
Restitution of communal property remained a problem for the Serbian Orthodox Church and the Coordinating Committee of Jewish Communities in Croatia. The government reported that since 1999 it had resolved 323 property claims related to the Serbian Orthodox Church, and there were no outstanding appeals. The Serbian Orthodox Church stated several outstanding claims remained.
The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.
The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.
Israel, West Bank and Gaza
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were several reports that the government or its agents committed arbitrary or unlawful killings. The Ministry of Justice’s Department for Investigations of Police Officers (DIPO) is responsible for investigating alleged unlawful actions involving police, while the Ministry of Justice’s State Attorney’s Office is responsible for investigating alleged unlawful actions involving the prosecution.
According to the Israeli Defense Forces (IDF), there were 190 instances of rocket fire from Gaza at Israeli territory, 90 of which fell in uninhabited areas. The IDF intercepted 93 percent of the rockets fired at populated areas. In addition the IDF reported it foiled 38 infiltration attempts from Gaza and destroyed one terror tunnel into Israel.
The Israeli Security Agency (ISA, or Shin Bet) foiled 423 significant terror attacks in the West Bank and Jerusalem, according to the government. By comparison 563 attacks were thwarted in 2019, 581 in 2018, and 418 in 2017. Of the attacks the ISA prevented, 281 were classified as shootings, 78 as stabbings, 10 as ramming attacks, 58 as bomb attacks, and five as planned kidnapping attacks. Israeli forces engaged in conflict throughout the year with Palestinians militants in Gaza in response to rocket attacks, incendiary balloons and attempted infiltrations. Israeli forces killed 20 Palestinians in the West Bank and Gaza, including one person at the Gaza perimeter fence, according to the UN Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territory (UNOCHA) (see West Bank and Gaza section).
According to the government and media reports, terrorist attacks targeting Israelis killed one person in Israel, in Petah Tikva. The attacker was a Palestinian from the West Bank. In addition the Israeli government reported foiling numerous terrorist attacks during the year.
On June 30, Israeli police in Jerusalem’s Old City fatally shot Iyad Halak, a Palestinian resident with autism, after he allegedly failed to follow police orders to stop. Police stated they believed Halak was carrying a “suspicious object.” Defense Minister Benny Gantz expressed regret for the incident and called for a quick investigation. On October 21, DIPO issued a statement that the prosecution intended to indict, pending a hearing, a police officer suspected of the shooting on charges of reckless homicide. According to the Ministry of Justice, investigators carefully examined the circumstances of the incident and determined that Halak had not posed any danger to police and civilians who were at the scene, that the police officer discharged his weapon not in accordance with police procedures, and that the police officer had not taken proportionate alternative measures which were at his disposal.
On September 13, the NGO Adalah and PCATI submitted a request to the Supreme Court demanding the reversal of a decision of the then state attorney to close the investigation into the 2017 police killing of Yaqoub Abu al-Qian in Umm al-Hiran and criminally to indict officers responsible for the death of Abu al-Qian.
In October 2019 the Supreme Court granted a petition filed by the family of Israeli citizen Kheir al-Din Hamdan ordering Attorney General Avichai Mandelblit and the DIPO to indict police officer Yizhak Begin, who shot and killed Hamdan in 2014, to determine the exact charges. In 2015 the DIPO closed its investigation into Hamdan’s killing. On April 27, the Supreme Court President ordered an expanded panel of justices to review whether an indictment could be ordered against police officers who were questioned without a warning during the DIPO investigation. The review continued at year’s end.
There were no reports of disappearances by or on behalf of government authorities.
The law prohibits torture, the application of physical or psychological pain, and assault or pressure by a public official. Israeli law exempts from prosecution ISA interrogators who use what are termed “exceptional methods” in cases that are determined by the ISA to involve an imminent threat, but the government determined in 2018 that the rules, procedures, and methods of interrogation were confidential for security reasons.
Authorities continued to state the ISA held detainees in isolation only in extreme cases and when there was no alternative option, and that the ISA did not use isolation as a means of augmenting interrogation, forcing a confession, or punishment. An independent Office of the Inspector for Complaints against ISA Interrogators in the Ministry of Justice handled complaints of misconduct and abuse in interrogations. The decision to open an investigation against an ISA employee is at the discretion of the attorney general.
In criminal cases investigated by police involving crimes with a maximum imprisonment for conviction of 10 years or more, regulations require recording the interrogations; however, an extended temporary law exempts the ISA from the audio and video recording requirement for interrogations of suspects related to “security offenses.” In non-security-related cases, ISA interrogation rooms are equipped with closed-circuit cameras, and only supervisors appointed by the Ministry of Justice have access to real-time audiovisual feeds. Supervisors are required to report to the comptroller any irregularities they observe during interrogations. The nongovernmental organization (NGO) Public Committee against Torture in Israel (PCATI) criticized this mechanism as insufficient to prevent and identify abuses, arguing that the absence of a recording of an interrogation impedes later accountability and judicial review.
According to PCATI, the government acknowledged that it used “exceptional measures” during interrogation in some cases, but the Ministry of Justice refused to provide information regarding the number of such “necessity interrogations.” These measures, according to PCATI, included beatings, forcing an individual to hold a stress position for long periods, threats of rape and physical harm, painful pressure from shackles or restraints applied to the forearms, sleep deprivation, and threats against families of detainees.
PCATI also argued that torture is not enumerated as a specific offense under the criminal code in Israel, despite the government’s statements to the relevant UN treaty bodies it would introduce such a law. According to PCATI, there was an uptick in the use of “special measures” on security detainees in 2019, with at least 15 persons subjected to what it considered physical torture during interrogations between August and November 2019. PCATI stated the government’s system for investigating allegations of mistreatment of detainees shows persistent and systematic shortcomings. According to PCATI, the average time it takes authorities to address complaints is more than 44 months. The Ministry of Justice stated that its internal reviews led to the opening of two investigations since 2018. PCATI claims that approximately 1,300 complaints of ISA torture were submitted to the Ministry of Justice since 2001, resulting in one criminal investigation and no indictments.
Israeli security forces arrested Samer al-Arbid, a Palestinian suspect in the August 2019 killing of Rina Shnerb, who was killed near the settlement of Dolev in the West Bank. Security forces placed al-Arbid in solitary confinement, and transferred him to an interrogation center in Jerusalem. Two days later he was admitted to a hospital unconscious and with serious injuries, including the inability to breathe, kidney failure, and broken ribs. According to PCATI, the ISA used “exceptional measures” in interrogating al-Arbid, who was subsequently released from the hospital into an Israeli Prison Service (IPS) medical facility, where his interrogation continued. The Ministry of Justice’s Inspector of Interrogee Complaints opened an investigation into the incident. The investigation was underway at year’s end.
The government stated that requests from prisoners for independent medical examination at the prisoner’s expense are reviewed by an IPS medical team. According to PCATI and Physicians for Human Rights Israel (PHRI), IPS medics and doctors ignored bruises and injuries resulting from violent arrests and interrogations. In its 2016 review of the country’s compliance with the UN Convention against Torture, the UN Committee against Torture recommended (among 50 other recommendations) that the government provide for independent medical examinations for all detainees.
Prison and Detention Center Conditions
The law provides prisoners and detainees the right to conditions that do not harm their health or dignity.
Physical Conditions: Local human rights organizations reported Palestinian security prisoners (those convicted or suspected of nationalistically motivated violence) often faced more restrictive conditions than prisoners characterized as criminals. Restrictive conditions included increased incidence of administrative detention, restricted family visits, ineligibility for temporary furloughs, and solitary confinement.
A 2019 report by the Public Defender’s Office on 42 prisons and detention centers warned that despite efforts by the IPS to improve prison conditions and correct deficiencies noted in previous reports, grave violations of the rights of detainees continued to occur. The report described thousands of prisoners held in unsuitable living conditions in outdated facilities, some of which were unfit for human habitation. According to the report, many of the prisoners, especially minors, were punished by solitary confinement and disproportionate use of shackling. The Public Defender’s Office found this particularly concerning in cases where prisoners suffered from mental disabilities.
As of December the government had not applied a 2015 law authorizing force-feeding of under specific conditions of prisoners on hunger strikes. The Israel Medical Association declared the law unethical and urged doctors to refuse to implement it. Regulations stipulate that medical treatment must be provided in reasonable quality and time, based on medical considerations, and within the resources and funding available for the IPS. Regulations also allow the IPS to deny medical treatment if there are budgetary concerns, according to the PHRI.
A report published by the PHRI in 2019 pointed to significant failures in the IPS medical system. The report assessed that the separate health care system for prisoners was unable to provide services equivalent to those provided to the general population through enrollment in government-sponsored health maintenance organizations (HMOs). According to the PHRI’s findings, the services do not meet the accepted HMO standards, and in half of the incidents examined, there was a risk posed to the health of the inmates due to substandard treatment or denial of treatment. PHRI recommendations included applying national HMO standards to medical care provided in IPS facilities, establishing a professional and efficient supervision mechanism to govern medical services provided by IPS, and increasing the opportunities for outside medical practitioners to provide care in prisons.
Administration: Authorities conducted proper investigations of credible allegations of mistreatment, except as noted above. On August 25, the Knesset passed a law permitting virtual hearings with prisoners and detainees during the COVID-19 crisis. While authorities usually allowed visits from lawyers and stated that every inmate who requested to meet with an attorney was able to do so, this was not always the case. NGOs monitoring prison conditions reported that adult and juvenile Palestinian detainees were denied access to a lawyer during their initial arrest. The government granted visitation permits to family members of prisoners from the West Bank on a limited basis and restricted those entering from Gaza more severely.
Independent Monitoring: Despite COVID-19 pandemic restrictions in Israel, the International Committee of the Red Cross (ICRC) maintained its visits to detention facilities (including interrogation centers) with adapted visiting modalities to monitor conditions of detention, treatment, and access to family contacts. The ICRC also monitored humanitarian consequences of COVID-19 and related measures on Palestinian detainees and their families, and continued engaging concerned authorities in this regard. The ICRC’s family visit program–through which families of Palestinian detainees may visit their relatives in Israeli custody–remained suspended for families from Gaza due to COVID-19 movement restrictions.
Improvements: In 2018 the Knesset passed a temporary law for three years granting early release of prisoners (excluding security prisoners) in order to facilitate implementation of a Supreme Court verdict requiring prisons to allocate a living space of 48 square feet to each prisoner. According to the NGO Association for Civil Rights in Israel (ACRI), each prisoner is allocated 33 square feet, and approximately 40 percent of prisoners were imprisoned in cells that amounted to less than 32 square feet per person. The court ruled that the implementation of the verdict on the ISA detention center must be implemented no later than May 2021. The government notified the court that as of May no more than 40 percent of all prisoners were imprisoned in cells smaller than the minimal space determined to be adequate by the court.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. Authorities applied the same laws to all residents of Jerusalem, regardless of their citizenship status. NGOs and Palestinian residents of East Jerusalem alleged that security forces disproportionally devoted enforcement actions to Palestinian neighborhoods, particularly Issawiya, with temporary checkpoints and raids at higher levels than in West Jerusalem. Palestinians also criticized police for devoting fewer resources on a per capita basis to regular crime and community policing in Palestinian neighborhoods. Police did not maintain a permanent presence in areas of Jerusalem outside the barrier and only entered to conduct raids, according to NGOs. Palestinian residents of the West Bank and Gaza detained on security grounds fell under military jurisdiction, even if detained inside Israel (see West Bank and Gaza section).
The law allows the government to detain irregular migrants and asylum seekers who arrived after 2014 from countries to which government policy prohibits deportation, mainly Eritrea and Sudan, for three months “for the purpose of identification and to explore options for relocation of the individual.” The law also states authorities must provide for irregular migrants taken into detention to have a hearing within five days. After three months in detention, authorities must release the migrant on bail, except when the migrant poses a risk to the state or the public, or when there is difficulty in identity verification.
The government may detain without trial and for an indefinite period irregular migrants who were “implicated in criminal proceedings.” According to the NGO Hotline for Refugees and Migrants (HRM), this policy enabled indefinite detention either without a trial or following the completion of time served. According to HRM, during the year the government released 20 irregular migrants, detained under the criminal procedure, due to COVID-19 regulations seeking to reduce overcrowding in prisons. In 2017 the Supreme Court ruled that the legality of this policy required additional review, but it had not issued any guidance by year’s end.
Police must have a warrant based on sufficient evidence and issued by an authorized official to arrest a suspect. The following applies to detainees, excluding those in administrative detention. Authorities generally informed such persons promptly of charges against them; the law allows authorities to detain suspects without charge for 24 hours prior to appearing before a judge, with limited exceptions allowing for up to 48 hours; authorities generally respected these rights for persons arrested in the country; there was a functioning bail system, and detainees could appeal decisions denying bail; and authorities allowed detainees to consult with an attorney in a timely manner, including one provided by the government for the indigent, and to contact family members promptly.
Authorities detained most Palestinian prisoners within Israel. Authorities prosecuted under Israeli military law Palestinians held in Israel who were not citizens, a practice the government has applied since 1967. The government has asserted in domestic court proceedings that this practice is consistent with international obligations related to occupation. Some human rights groups, including Military Court Watch, claim that Israel’s detention of the majority of convicted Palestinians from the West Bank or Gaza in prisons inside Israel is a violation of the Fourth Geneva Convention. According to the circumstances of each case, such as the severity of the alleged offense, status as a minor, risk of escape, or other factors, authorities either granted or denied bail to noncitizens of Palestinian origin detained for security violations.
Authorities may prosecute persons detained on security grounds criminally or hold them as administrative detainees or illegal combatants, according to one of three legal regimes.
First, under a temporary law on criminal procedures, repeatedly renewed since 2006, the IPS may hold persons suspected of a security offense for 48 hours prior to bringing them before a judge, with limited exceptions allowing the IPS to detain a suspect for up to 96 hours prior to bringing the suspect before the senior judge of a district court. In security-related cases, authorities may hold a person for up to 35 days without an indictment (versus 30 days for nonsecurity cases). The law allows the court to extend detentions on security grounds for an initial period of up to 20 days for interrogation without an indictment (versus 15 days for nonsecurity cases). Authorities may deny security detainees access to an attorney for up to 21 days under civilian procedures.
Second, the Emergency Powers Law allows the Ministry of Defense to detain persons administratively without charge for up to six months, renewable indefinitely.
Third, the Illegal Combatant Law permits authorities to hold a detainee for 14 days before review by a district court judge, deny access to counsel for up to 21 days with the attorney general’s approval, and allow indefinite detention, subject to semiannual district court reviews and appeals to the Supreme Court.
The government stated it used separate detention only when a detainee threatened himself or others and authorities had exhausted other options–or in some cases during interrogation, to prevent disclosure of information. In such cases authorities maintained the detainee had the right to meet with International Committee of the Red Cross representatives, IPS personnel, and medical personnel, if necessary. According to the government, the IPS did not hold Palestinian detainees in separate detention punitively or to induce confessions. NGOs including Military Court Watch, the NGO HaMoked, and B’Tselem accused authorities of using isolation to punish or silence politically prominent Palestinian detainees.
The Public Defender’s Office reported in 2019 that prisoners with mental disabilities were often held in conditions that may worsen their mental health. Palestinian sources reported the IPS placed in isolation, without a full medical evaluation, Palestinian detainees with mental disabilities or who were a threat to themselves or others. According to the PHRI, isolation of Palestinian prisoners with mental disabilities was common.
Arbitrary Arrest: There were allegations that authorities arbitrarily arrested Israeli citizens and Palestinians who participated in protests. For example, on October 3, police arrested 35 protesters in demonstrations in Tel Aviv against the government. Many of the arrests, according to protest groups, were carried out in an arbitrary manner. Police stated grounds for the arrests included violation of COVID-19 emergency regulations regarding protests, which required social distancing, remaining within a one-half mile radius of one’s home, and wearing personal protective equipment (see section 2.b.).
In 2018 President Rivlin and then justice minister Ayelet Shaked invited Ethiopian-Israelis whom authorities had previously charged with minor offenses, such as insulting or obstructing a public servant, or participating in prohibited assemblies, to apply for their criminal records to be deleted if they were not imprisoned due to their offenses. According to the Ministry of Justice, since 2018, 115 requests were submitted to remove criminal records, 35 met the minimum requirements, 23 were granted, and eight were being processed at the end of the year.
Pretrial Detention: Administrative detention continued to result in lengthy pretrial detention for security detainees (see above).
The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Exceptions to the right for a public trial include national security concerns, protection of the interest of a minor or an individual requiring special protection, and protection of the identity of an accuser or defendant in a sex-offense case. The law permits publishing the identity of a victim of a sex offense, provided the victim gives written consent for publication.
Defendants enjoy the rights to a presumption of innocence, to be informed promptly and in detail of the charges against them, to a fair and public trial without undue delay, and to be present at their trial. They may consult with an attorney or, if indigent, have one provided at public expense. They have the right to adequate time and facilities to prepare their defense. Defendants who cannot understand or speak the language used in court have the right to free interpretation as necessary from the moment charged through all appeals. Defendants have the right to confront witnesses against them and to present witnesses and evidence on their own behalf. They may not be compelled to testify or confess guilt and may appeal to the Supreme Court.
The prosecution is under a general obligation following an indictment to provide all evidence to the defense. The government may on security grounds withhold from defense lawyers evidence it has gathered that is not for use in its case against the accused. The Supreme Court (with regard to civilian courts) and the Court of Appeals (with regard to military courts) may scrutinize the decision to withhold such evidence. The rules of evidence in espionage cases tried in criminal court do not differ from the normal rules of evidence, and no use of secret evidence is permissible.
Children as young as age 12 may be imprisoned if convicted of serious crimes such as murder, attempted murder, or manslaughter. The government reported no child was imprisoned under this law as of the end of the year.
The government tried Palestinian residents of the West Bank accused of security offenses in Israeli military courts.
The government described security prisoners as those convicted or suspected of nationalistically motivated violence. Some human rights organizations claimed that Palestinian security prisoners held in Israel should be considered political prisoners.
An independent and impartial judiciary adjudicates lawsuits seeking damages for, or cessation of, human rights violations. Administrative remedies exist, and court orders usually were enforced. Palestinian residents of Jerusalem may file suit against the government of Israel under the same rules that govern access to judicial and administrative remedies by Israeli citizens. By law nonresident Palestinians may file suit in civil courts to obtain compensation in some cases, even when a criminal suit is unsuccessful and the actions against them are considered legal.
In 2016 the state comptroller recommended the government quickly act to settle land claims, plan resettlement of Bedouin citizens in cooperation with the Bedouin community, develop infrastructure in recognized Bedouin communities, and formulate an enforcement policy regarding illegal construction. A 2017 law increased the government’s power to demolish unpermitted structures. New construction remained illegal in towns that did not have an authorized plan for development. Arab members of the Knesset and human rights organizations condemned the law for increasing enforcement and demolitions without addressing the systemic housing shortages in Arab communities that led to unpermitted construction. According to human rights organizations, approximately 50,000 Arab families lived in unpermitted houses.
Some NGOs criticized the lack of Arab representation on regional planning and zoning approval committees, and stated that planning for Arab areas was much slower than for Jewish municipalities, leading Arab citizens to build or expand their homes without legal authorization, thus risking a government-issued demolition order. Authorities issued approximately 1,770 administrative and judicial demolition orders during the year, overwhelmingly against Arab-owned structures. In cases of demolitions with no agreement from the residents to relocate, the government levied fines against residents to cover costs of demolitions.
A development plan for the Bedouin village of al-Fura’a was not completed as of the end of the year, despite government recognition of the village in 2006. As a result the village lacked basic electricity and water infrastructure, and NGOs reported house demolitions occurred regularly. The government stated that a team from the Ministry of Agriculture’s Authority for the Development and Settlement of Bedouin in the Negev began working on this issue in the second half of 2018, after completing a survey of 180 Bedouin residential clusters.
Regarding 35 unrecognized Bedouin villages in the Negev inhabited by approximately 90,000 persons, the government stated it used a “carrot and stick” approach to attempt to compel Bedouin Israelis to move, including demolishing unpermitted structures and offering incentives to move to Bedouin towns. According to a State Comptroller report and information from NGOs, Bedouins often refused to participate because they asserted they owned the land or that the government had given them prior permission to settle in their existing locations. Bedouins also feared losing their traditional livelihoods and way of life, as well as moving onto land claimed by a rival Bedouin clan. The seven Bedouin townships in the Negev were all crowded, especially in comparison with the Jewish towns and cities in the area, and had low-quality infrastructure and inadequate access to services for health, education, welfare, public transportation, mail, and garbage disposal. According to the NGO Negev Coexistence Forum for Civil Equality (NCF), Bedouins accounted for 34 percent of the population of the Negev, but only 12.5 percent of the residential-zoned land was designated for the Bedouin population.
As of 2019, approximately 31 percent of the 202,620 acres of Arab Bedouin land in the south of the country that was previously under ownership dispute was no longer in dispute as a result of either settlement agreements or following legal proceedings, according to the government.
In 2018 Bedouin residents of the unrecognized village Umm al-Hiran signed an agreement with the Ministry of Agriculture’s Authority for the Development and Settlement of Bedouin in the Negev to demolish their structures and relocate to vacant plots in the Bedouin town of Hura, following extended legal action and negotiations. Umm al-Hiran was to be replaced with a Jewish community called Hiran. As of September 14, Bedouin residents still resided in the unrecognized village and the government announced it would formulate a solution for Umm al Hiran residents within three months.
The NCF recorded 2,241 demolitions of Bedouin Israelis’ structures in 2019 and stated the demolition policy violated Bedouin Israelis’ right to adequate housing. The NGO Regavim praised the demolitions as combatting illegal construction by squatters. Other civil society contacts stated the demolitions ignored traditional Bedouin seminomadic lifestyles predating the modern state of Israel.
In addition to the Negev, authorities ordered demolition of private property elsewhere, including in Arab towns and villages and in East Jerusalem, stating some structures were built without permits. B’Tselem reported that authorities demolished 121 housing units in East Jerusalem, and owners had demolished 81 units to avoid additional fines by the end of the year. This represented a decrease of 28 percent and an increase of 92 percent, respectively, with the number of owner demolitions the highest since B’Tselem began recording data in 2008. Legal experts pointed to the Kaminitz Law, which reduced administrative processing times for demolitions and increased administrative fines for those failing to demolish their own buildings, as a key factor in the increased number of demolitions in East Jerusalem. There were credible claims that municipal authorities in Jerusalem placed insurmountable obstacles to prevent Palestinian residents from obtaining construction permits, including failure to incorporate community needs into zoning decisions, the requirement that Palestinian residents document land ownership despite the absence of a uniform post-1967 land registration process, the imposition of high application fees, and requirements that new housing be connected to often nonexistent municipal utilities and other physical infrastructure.
In addition, NGOs asserted that there was a continuing policy intended to limit construction to prevent the creation or maintenance of contiguous neighborhoods between the West Bank and Jerusalem. Israeli official policy remained aimed at maintaining an ethnic balance between Jews and non-Jews in Jerusalem, according to civil society and official reports. The Israeli MFA said that the Jerusalem Municipality did not have any such policy. Israeli law no longer prevents non-Jews from purchasing housing units, although cultural, religious, and economic barriers to integrated neighborhoods remain, according to civil society representatives.
According to the government, all land ownership cases are assessed individually by an administrative committee, which is subject to judicial review.
According to Ir Amim and B’Tselem, discrimination is a factor in resolving disputes over land titles acquired before 1948. The law facilitates the resolution of claims by Jewish owners to land owned in East Jerusalem prior to 1948 but does not provide an equal opportunity for Palestinian claimants to land they owned in West Jerusalem or elsewhere in the British Mandate. Additionally, some Jewish and Palestinian landowners in Jerusalem were offered compensation by Israel for property lost prior to 1948. Civil society reports noted that many Palestinian landowners were deemed ineligible for compensation because they had to be residents of Jerusalem as of 1973. Other Palestinian landowners refused to accept compensation because they deemed it to be inadequate or in principle due to their rejection of Israeli administration. Jordanian authorities between 1948 and 1967 housed Palestinians in some property which Jewish owners reclaimed after Israel occupied East Jerusalem in 1967. Legal disputes continue regarding many of these properties involving Palestinian residents, who have some protection as tenants under Israeli law.
The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act Report to Congress, released publicly on July 29 may be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.
The law prohibits such actions, and the government generally respected those prohibitions.
The 2003 Law of Citizenship and Entry, which is renewed annually, prohibits Palestinians from the West Bank or Gaza, Iranians, Iraqis, Syrians, and Lebanese, including those who are Palestinian spouses of Israeli residents or citizens, from obtaining resident status unless the Ministry of the Interior makes a special determination, usually on humanitarian grounds. The government has extended the law annually due to government reports that Palestinian family reunification allows entry to a disproportionate number of persons who are later involved in acts of terrorism. HaMoked asserted that statistics from government documents obtained through Freedom of Information Act requests contradicted these terrorism allegations, and that denial of residency to Palestinians from the West Bank or Gaza for the purposes of family reunification led to cases of family separation.
According to HaMoked 2018 reports, there were approximately 10,000 Palestinians from the West Bank or Gaza living in Israel, including Jerusalem, on temporary stay permits because of the law, with no legal provision that would allow them to continue living with their families. There were also cases of Palestinian spouses living in East Jerusalem without legal status. Authorities did not permit Palestinians who were abroad during the 1967 war or whose residency permits the government subsequently withdrew to reside permanently in Jerusalem. Amnesty International and other human rights organizations called on the government to repeal this law and resume processing family unification applications. The law allows the entry of spouses of Israelis on a “staying permit” if the male spouse is age 35 or older and the female spouse is age 25 or older, for children up to age 14, and a special permit for children ages 14-18, but they may not receive residency and have no path to citizenship. According to the Israeli MFA, the Population & Immigration Authority received 886 family unification requests from East Jerusalem in 2020, and 616 in 2019. Of these 256 were in approved and 540 are pending from 2020, while 373 were approved and 41 pending from 2019.
On March 16, the government issued an emergency regulation based on the country’s state of emergency, allowing the Shin Bet and police to track mobile phones to identify individuals in close contact with confirmed COVID-19 patients and to enforce quarantine orders. The government stated the program was the most effective way to maintain public health and economic stability. Some NGOs argued the regulations violated individual rights, including the right to privacy and dignity, and expressed concern regarding the role of the Shin Bet in monitoring the civilian population. They also questioned the effectiveness of the scheme, citing a low percentage of confirmed COVID-19 cases identified solely through the program and a reportedly high margin of error. On March 19, the Supreme Court issued an interim injunction that halted police tracking and subjected Shin Bet tracking to Knesset oversight. On April 26, the court ruled that the use of Shin Bet surveillance techniques must be authorized through legislation. On July 21, the Knesset passed a law allowing the government to utilize a limited version of the Shin Bet tracking program for 21 days at a time when there were more than 200 confirmed cases per day. On November 17, following an additional petition submitted by ACRI and Adalah on this issue, the Supreme Court ordered the government to explain further why Shin Bet tracking should be used in cases where COVID-19 patients are not cooperating with the epidemiological investigations, and why the government is not promoting an alternative method to Shin Bet tracking, as the law states. The petition was pending as of year’s end.
On March 27, media outlet Yedioth Ahronoth reported that under the auspices of the Shin Bet Law, the Shin Bet had been collecting data from mobile phones of all users of telecom services in Israel for 18 years, including calls, messages, and locations.
On December 13, Haaretz reported that police demanded internet providers to integrate a system that diverts data on police suspects, or on individuals visiting a specific website or IP address, to a police-controlled system. On December 14, Adalah sent an urgent letter to the attorney general and to the minister of public security, demanding they freeze police use of this system and clarify its legality, purpose, and mode of operation.
West Bank and Gaza
Section 1. Respect for the Integrity of the Person, Including Freedom from:
Palestinian civilians killed one Israeli civilian and one Israel Defense Force (IDF) soldier in attacks in the West Bank, according to nongovernmental organizations (NGOs) and media reports. On December 20, Muhammad Marwah Kabha killed Israeli citizen Esther Horgan near Tal Maneshe, according to multiple media reports. Kabha confessed to scouting the area in advance and killing Horgan, according to media reports. Kabha was in Israeli custody pending trial at the end of the year. On May 12, Palestinian Nizmi Abu Bakar threw a brick off his roof striking IDF soldier Amit Ben Yigal in the head and killing him while the IDF was conducting operations in Area A, according to media reports. In June, Israel indicted Bakar for intentionally causing death. In November, Bakar pleaded not guilty and the defense stated they would work to annul the confession he gave during his interrogation, according to the Israeli government. The case continued at year’s end. In 2019 an improvised explosive device planted outside the West Bank settlement of Dolev detonated and killed 17-year-old Rina Shnerb and injured her father and brother, according to media reports and NGOs. In September 2019 Israeli security forces (ISF) arrested three men in connection with the attack allegedly affiliated with the terrorist group Popular Front for the Liberation of Palestine. The case continued at year’s end. In 2018, 17-year-old Palestinian Khalil Jabarin fatally stabbed Ari Fuld at a West Bank shopping mall. In July an Israeli military court in the West Bank sentenced Jabarin to life in prison. The Israeli Security Agency (ISA, or Shin Bet) foiled 423 significant terror attacks in the West Bank and Jerusalem, according to the government. The Palestinian Authority (PA) continued to make payments to Palestinians connected to terrorism, including persons convicted of terrorism in Israeli courts serving prison sentences, former prisoners, and the families of those who died committing terrorist attacks. Israel considers these payments to incentivize, encourage, and reward terrorism, with higher monthly payments for lengthier prison sentences tied to more severe crimes.
Israeli forces killed 19 Palestinians in the West Bank and one Palestinian in Gaza, some of whom were attempting or allegedly attempting to attack Israelis, according to Israeli NGO B’Tselem. B’Tselem claimed that in at least 11 of those cases the individuals killed did not pose a lethal threat to ISF or civilians at the time they were killed. For example, on February 6, an IDF soldier shot and killed PA police officer Tareq Badwan while Badwan stood outside a police station in Jenin. The PA released security camera video from the police station that showed several uniformed officers standing near the door of the station when one officer suddenly drops to the floor. The Israeli military acknowledged one of its members shot Badwan, according to media reports, and stated it was investigating the incident. The investigation continued at year’s end.
On June 30, Israeli police in Jerusalem’s Old City fatally shot Iyad Halak, a Palestinian resident with autism, after he allegedly failed to follow police orders to stop. Police stated Halak was carrying a “suspicious object.” Defense Minister Benny Gantz expressed regret for the incident and called for a quick investigation. On October 21, the Department for Investigation of Police Officers stated that the prosecution intended to indict the police officer suspected of the shooting on charges of reckless homicide. According to the Ministry of Justice, investigators carefully examined the circumstances of the incident and determined that Halak did not pose any danger to police and civilians who were at the scene, that the police officer discharged his weapon not in accordance with police procedures, and that the police officer did not take proportionate alternatives that were at his disposal.
On July 9, an IDF soldier shot and killed Ibrahim Abu Ya’qub as he walked with a friend in the village of Kifl Hares, according to a B’Tselem field investigation. The soldiers were in pursuit of two minors who had allegedly thrown a Molotov cocktail at an outpost. They fired several shots at the minors, injuring one, and hit Abu Ya’qub in the back. He died shortly after in a hospital in Salfit. The IDF stated it was investigating the incident and the investigation continued at year’s end.
In March 2019 an IDF soldier shot 17-year-old volunteer medic Sajed Mizher when Israeli forces were involved in clashes with Palestinians in the Deheisha refugee camp near Bethlehem, according to media reports. Mizher later died from his wounds. At the time of his death, Mizher was wearing a reflective vest and paramedic’s service uniform while assisting a Palestinian who had been shot in the leg, according to media reports. A criminal investigation into the incident was completed and was under review by the Military Advocate General (MAG), according to Israeli authorities. In 2018 IDF soldiers shot and killed Muhammad Hossam Habali in the West Bank city of Tulkarm. The IDF claimed it was reacting to a group of rock-throwing Palestinians, but security camera videos compiled by B’Tselem showed Habali walking away from the soldiers when he was killed. At the end of the year, an Israeli military investigation into Habali’s death continued.
Human rights groups alleged the government of Israel used excessive force resulting in the deaths of several Palestinians, including minors, in the West Bank. For example, on December 4, an Israeli soldier shot and killed 15-year-old Palestinian Ali Abu Aliya near Kafr Malik in the central West Bank, according to several human rights groups and media reports. Aliya was reportedly standing approximately 160 yards from a protest in which other residents were throwing rocks at Israeli soldiers. According to B’Tselem, Aliya did not take part in the protest and did not present a threat when he was shot. The Israeli Military Police stated it was investigating the incident.
On May 13, an IDF sniper shot and killed 17-year-old Zeid Qaysiyah as he stood with some relatives on the roof of the building where he lived in the al-Fawar refugee camp south of Hebron, according to media reports and B’Tselem. The IDF investigated the incident and submitted its findings to the MAG for examination.
In 2019 Israeli border police shot and killed 15-year-old Abdullah Ghaith as he was approaching a known crossable section of the barrier. The Israeli police stated they were investigating the incident. The investigation continued at year’s end. In 2019 Israeli forces shot and killed Omar Haitham al-Badawi in Hebron, according to the PA Ministry of Health and the IDF. The military police began an investigation after an initial IDF probe found al-Badawi did not present a threat and live ammunition should not have been used.
In 2019 Palestinians in Gaza suspended the “March of Return,” a series of weekly protests along the fence between Gaza and Israel that began in 2018. The protests, which drew thousands of individuals each week, included armed terrorists, militants who launched incendiary devices into Israel, and unarmed protesters. The Israeli government stated that an investigation into the 2018 killing of volunteer medic Razan al-Najjar north of Khuza’ah in Gaza during a Friday protest near the security fence with Israel had been completed and that the findings were under review by the MAG at year’s end.
The Israeli military killed 234 persons during the protests in 2018 and 2019, according to media reports and rights groups, and has launched investigations into 17 of those deaths, most of which continued at year’s end. In June an Israeli soldier who killed a man at the Gaza border fence in 2018 pled guilty to negligence and reckless endangerment and received a suspended sentence and demoted, according to media reports. Several Israeli and Palestinian human rights groups criticized the verdict and lenient sentencing as indicative of the Israeli military’s lack of accountability regarding Palestinian deaths. In January the United Nations noted a “lack of progress and transparency” regarding MAG investigations.
In November, the NGO Yesh Din released a report on the MAG’s Fact Finding Assessment (FFA) Mechanism that was implemented to investigate incidents that occurred during the “March of Return” protests. Yesh Din found that of 231 incidents forwarded to the FFA, roughly 80 percent were still under FFA review. The FFA examines the details of a case and provides all relevant information to the MAG, who determines whether a criminal investigation is warranted. Yesh Din stated it was skeptical of the Israeli military’s ability to conduct thorough and effective investigations of these incidents so long after they occurred.
In 2018 the Israeli military opened an investigation into the IDF’s fatal shooting of a Palestinian minor in Gaza. According to an Israeli military statement, an initial probe suggested the soldier who shot and killed 18-year-old Abed Nabi in March during Gaza security fence protests did not adhere to open-fire regulations. According to the Israeli government, the investigation into the death of Nabi has been concluded and the findings were being reviewed by the MAG.
Palestinian militants in Gaza launched 190 rockets and mortar shells toward Israel with some injuries reported, according to the Israeli government. According to an IDF annual report, 90 rockets fell into empty fields and 70 were intercepted. According to NGOs, media, and the Israeli government, Gaza-based militants fired rockets from civilian locations toward civilian targets in Israel. The IDF reported it hit 300 targets in Gaza during the year and exposed one Hamas-dug tunnel from Gaza into Israel. In November 2019 an Israeli air strike in Gaza killed nine members of the same family, including five minors younger than 13. According to media reports, the family was mistakenly targeted. An IDF review of the incident found that the IDF had identified the site as a PIJ military compound from which military activity was being carried out and at the time the IDF estimated that civilians would not be harmed in an attack on the site, according to the Israeli government. The findings of the review were referred to the MAG to determine if a criminal investigation was warranted, according to the Israeli government.
government. The findings of the review were referred to the MAG to determine if a criminal investigation was warranted, according to the Israeli government.
In Gaza, Hamas sentenced 14 individuals convicted of murder to death, according to the Democracy and Media Center (SHAMS). In 2019 Hamas issued three death sentences. The Palestinian Center for Human Rights (PCHR) previously noted a significant increase in the death penalty in Gaza since 2007, and Hamas courts did not meet minimum fair trial standards. By law the PA president must ratify each death penalty sentence. Hamas has proceeded with executions without the PA president’s approval.
In the West Bank, there were no reports of disappearances by or on behalf of government authorities during the year. There was no new information on the disappearances in 2014 and 2015 of two Israeli citizens, Avraham Abera Mengistu and Hisham al-Sayed, who crossed into Gaza and whom Hamas reportedly apprehended and held incommunicado. Additionally, there was no new information on the status of two IDF soldiers that Hamas captured during the 2014 war, Hadar Goldin and Oron Shaul.
The PA basic law prohibits torture or use of force against detainees; however, international and local human rights groups reported that torture and abuse remained a problem. The PA’s quasi-governmental Independent Commission for Human Rights (ICHR) reported receiving 60 complaints of torture or mistreatment against the PA and 53 complaints of torture against Hamas during the year. Some human rights groups reported that during the year Palestinian police took a more direct role in the mistreatment and torture of Palestinians.
According to a 2019 update to a 2018 Human Rights Watch (HRW) report, torture regularly occurred in detention centers in both Gaza and the West Bank by Hamas and PA security services, respectively. HRW reported systematic and routine abuse in PA prisons, particularly in the PA’s Intelligence, Preventive Security, and Joint Security Committee detention facilities in Jericho. HRW reported practices including forcing detainees to hold painful stress positions for long periods, beating, punching, and flogging. Victims also reported being cut, forced to stand on broken glass, and sexually assaulted while in custody. A Palestinian accused of collaborating with Israel due to his political beliefs alleged to foreign diplomatic officials that he was tortured in a prison in Jericho. In the 18-month period ending in April 2019, 242 West Bank Palestinians complained of torture and mistreatment by Palestinian security forces, according to HRW.
Palestinian detainees held by Palestinian Authority security forces (PASF) registered complaints of abuse and torture with the ICHR. The PA Corrections and Rehabilitation Centers Department, under the authority of the Ministry of Interior, continued to maintain a mechanism for reviewing complaints of prisoner abuse in civil prisons. In 2019 HRW stated, “there have been no serious efforts to hold wrongdoers to account or any apparent change in policy or practice” by the PA or Hamas. As of 2019 the courts in Gaza had not convicted any prison employees for mistreatment of prisoners, and courts in the West Bank had convicted only one employee of mistreatment of prisoners and sentenced him to 10 days in prison, according to HRW.
In February the ICHR called for an investigation into the February 23 death in Gaza of Issam Ahmed al-Sa’afeen at al-Shifa Hospital after he was transferred from Hamas’s Internal Security Agency. According to family members, Hamas detained al-Sa’afeen on charges of communicating with the PA in Ramallah. The ICHR stated al-Sa’afeen’s family filed a complaint with the ICHR and that Hamas refused to allow the ICHR’s representative to visit the inmate. The ICHR stated there were indications al-Sa’afeen may have been tortured.
ISF arrested Samer al-Arbid, a Palestinian suspect in the August 2019 killing of Rina Shnerb near the settlement of Dolev in the West Bank, and placed him in solitary confinement and transferred him to an interrogation center in Jerusalem. Two days later he was admitted to a hospital unconscious and with serious injuries, including inability to breathe, kidney failure, and broken ribs. According to the NGO Public Committee against Torture in Israel (PCATI), the ISA used “exceptional measures” in interrogating al-Arbid, who was subsequently released from the hospital into an Israel Prison Service (IPS) medical facility, where his interrogation continued. The Ministry of Justice’s Inspector of Interrogee Complaints opened an investigation into the incident. After an investigation, the Advocate General closed the case claiming there was no basis to prove a crime was committed, according to the Israeli government.
PCATI reported that “special interrogation methods” used by Israeli security personnel against Palestinian security detainees in the West Bank included beatings, forcing an individual to hold a stress position for long periods, threats of rape and physical harm, painful pressure from shackles or restraints applied to the forearms, sleep deprivation, and threats against families of detainees. Female prisoners and detainees reported harassment and abuse in detention by ISF. According to PCATI there was no investigation into these complaints.
The NGO HaMoked alleged that Israeli detention practices in the West Bank included prolonged solitary confinement, lack of food, exposure to the elements, and threats to demolish family homes. Military Court Watch (MCW) and HaMoked claimed Israeli security services used these techniques to coerce confessions from minors arrested on suspicion of stone throwing or other acts of violence. According to the government of Israel, detainees receive the rights to which they are entitled in accordance with Israeli law and international treaties to which Israel is a party, and all allegations of abuse and mistreatment are taken seriously and investigated.
Some human rights groups alleged ISF used excessive force while detaining and arresting some Palestinians accused of committing crimes. On August 5, a Border Police officer shot Palestinian shepherd Abd al-Rahman Jabarah in the head at close range near the village of Salim outside the city of Nablus without prior warning after mistaking him for his brother who was suspected of stealing vehicles, according to media reports. Jabarah was in a coma for several weeks after the incident and is blind as a result of the shooting. The Department for Investigation of Police Officers was investigating the incident, according to the Israeli government.
Prison and Detention Center Conditions
Conditions in PA prisons and detention centers in the West Bank were reportedly poor, largely due to overcrowding and structural problems. Conditions of Hamas prisons in Gaza were reportedly poor, with overcrowding cited as a major problem. NGOs reported all prisons in the West Bank and Gaza lacked adequate facilities and specialized medical care for detainees and prisoners with disabilities.
Physical Conditions: PA prisons were crowded and lacked ventilation, heating, cooling, and lighting systems conforming to international standards. Authorities at times held male juveniles with adult male prisoners. Security services used separate detention facilities. Conditions for women were similar to those for men. The PA used several refurbished structures and buildings as prisons, some of which lacked necessary security accommodations.
Ayman al-Qadi died September 23 after an apparent suicide in a PA police station in Bethlehem while in pretrial detention for issuing bad checks. According to media reports, his family had requested he be released due to mental disabilities, but a state-ordered psychiatric exam had determined al-Qadi was not a risk to himself or others.
The ICHR called for an investigation into the August 31 death of Hassan Barakat at the al-Shifa Hospital in Gaza after his arrest in July. Barakat was transferred from a Hamas detention facility after suffering a stroke and brain hemorrhage, which required immediate surgery, prison authorities told his family.
In June the ICHR called on Hamas to take measures to prevent suicides in detention facilities after 19-year-old Moaz Ahmed Shukri Abu Amra committed suicide by hanging on May 29. The ICHR cited a lack of accountability after previous suicides as one of the main causes of their reoccurrence.
Administration: According to HRW, procedures designed to hold employees and administrators accountable in both PA and Hamas detention facilities rarely, if ever, led to consequences for serious abuses.
Independent Monitoring: In the West Bank, the PA permitted the International Committee of the Red Cross (ICRC) access to detainees to assess treatment and conditions. The ICRC continued its regular visits to detention facilities, including interrogation centers, in accordance with its standard modalities, as in previous years. Human rights groups, humanitarian organizations, and lawyers indicated that, as in previous years, there were some difficulties in gaining access to specific detainees held by the PA, depending on which PA security organization managed the facility.
In Gaza, Hamas granted the ICRC access to detainees to assess treatment and conditions. The ICRC continued its regular visits to detention facilities, including interrogation centers, in accordance with its standard practices, as in previous years. Human rights organizations conducted monitoring visits with some prisoners in Gaza, but Hamas denied permission for representatives of these organizations to visit high-profile detainees and prisoners.
The Israeli government permitted visits by independent human rights observers to detention facilities it operated in the West Bank. NGOs sent representatives to meet with Palestinian prisoners–including those on hunger strikes–and inspect conditions in Israeli prisons, detention centers, and some ISF facilities. Palestinian families and human rights groups reported delays and difficulties in gaining access to specific detainees from Israeli authorities. They also reported transfers of detainees without notice and claimed Israeli authorities at times used transfer practices punitively against prisoners engaging in hunger strikes. During the COVID-19 pandemic, human rights groups reported that lawyers were at times barred from seeing their clients in Israeli military prisons due to coronavirus prevention measures.
For further information on the treatment of Palestinians in Israeli prisons as well as prison conditions in Israel, see the Israel Country Report on Human Rights Practices.
The Palestinian Basic Law, operable in the West Bank and Gaza, prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. There were reports the PA in the West Bank and Hamas in Gaza did not observe these requirements.
Israeli law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. Israeli authorities applied the same laws to all residents of Jerusalem, regardless of their Israeli citizenship status. NGOs and Palestinian residents of East Jerusalem alleged that Israeli security forces disproportionally devoted enforcement actions to Palestinian neighborhoods, particularly Issawiya, with higher numbers of temporary checkpoints and raids than in West Jerusalem. Palestinians also criticized Israeli police for devoting fewer resources on a per capita basis to regular crime and community policing in Palestinian neighborhoods. Israeli police did not maintain a permanent presence in areas of Jerusalem outside the barrier and only entered to conduct raids, according to NGOs.
Israel prosecutes Palestinian residents of the West Bank under military law and Israeli settlers in the West Bank under criminal and civil law. Israeli military law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in military court, with broad exceptions for security-related offenses. There were reports the IDF did not observe these requirements and employed administrative detention excessively.
PA law generally requires a warrant for arrest and provides for prompt judicial determination of the legality of detention. There are exceptions that allow for arrests by the PA without a warrant. PA law allows police to hold detainees for 24 hours if there is sufficient evidence to charge a suspect and for up to 45 days with court approval. PA law requires that a trial start within six months of the arrest or authorities must release the detainee. PA authorities generally informed detainees of the charges against them, albeit sometimes not until interrogation. Bail and conditional release were available at the discretion of judicial authorities. PA authorities granted detainees access to a lawyer. PA courts consistently afforded the right to counsel to indigents charged with felony offenses. Indigent defendants charged with misdemeanors often did not receive counsel, although NGO efforts to represent indigent juveniles and adults in misdemeanor cases were at times successful. Amnesty International and other NGOs reported that the PASF isolated some detainees from outside monitors, legal counsel, and family throughout the duration of interrogation, effectively holding them incommunicado. There were reports that prison administrators denied some detainees visits from family members.
The PA Military Intelligence Organization (PMI) operated without a service-specific mandate to investigate and arrest PA security force personnel and civilians suspected of “security offenses,” such as terrorism. The PMI conducted these activities in a manner consistent with the other PA security services.
In Gaza Hamas detained a large number of persons during the year without giving them recourse to legal counsel, judicial review, or bail. Hamas regularly referred cases to the Hamas-run military judiciary in violation of the Palestinian Basic Law. There were also instances in which Hamas retroactively issued arrest warrants for Gaza residents already in custody.
Israeli military law applies to Palestinians in the West Bank. Israeli authorities detained inside Israel more than 80 percent of Palestinian prisoners arrested by ISF in the West Bank. According to Israel Prison Service (IPS) figures obtained by MCW, as of September the monthly average number of Palestinian minors in Israeli detention during the year was down from 2019 and at the lowest since MCW began keeping records in 2008. Israeli authorities generally provided Palestinians held in Israeli military custody access to counsel, but detainees often obtained lawyers only after initial interrogations, according to NGOs. According to MCW, many Palestinian detainees saw their lawyer for the first time when they appeared before an Israeli military court. According to testimonies collected by MCW, only 20 percent of detained Palestinian minors saw a lawyer prior to interrogation, a slight decrease from 2019. In many cases, MCW reported, minors spoke with a lawyer very briefly by telephone; in some cases the telephone speaker was on with the interrogator in the room, preventing confidential attorney-client communications.
Israeli authorities stated their policy was to post notification of arrests within 48 hours, but senior officers could delay notification for up to 12 days. An Israeli military commander may request that a judge extend this period. MCW reported that Israeli authorities did not always inform Palestinian detainees of the reasons for arrest at the time of arrest.
Israeli authorities stated their policy was to provide written notification concerning the arrest to parents when they arrested a child at home; however, the NGOs claimed this occurred only in 19 percent of cases. Israeli military law does not require the presence of a parent or guardian during interrogations, according to the NGO Parents against Child Detention, while Israeli juvenile law does. According to HaMoked and media outlets, the IPS prohibited Palestinian minors from calling their parents for months upon their initial detention. In 2019 the IPS began a program to increase telephone access, but the lack of regular access persisted, according to HaMoked and Parents against Child Detention.
Under Israeli military law, minors ages 16 and 17 may be held for 72 hours before seeing a judge. The law mandates audiovisual recording of all interrogations of minors in the West Bank but limits this requirement to non-security-related offenses. Some NGOs expressed concern that ISF entered Palestinian homes at night to arrest or photograph minors. HaMoked petitioned the Israeli High Court of Justice to demand the Israeli military issue summonses to minors wanted for questioning rather than employ night raids, which HaMoked stated had become the default method for arresting Palestinian minors.
MCW stated data from more than 450 MCW detainee testimonials collected between 2016 and 2020 showed widespread physical mistreatment by Israeli authorities of Palestinian minors detained in the West Bank. MCW reported that the majority of minors were arrested in night raids and reported ISF used physical abuse, strip searches, threats of violence, hand ties, and blindfolds. In 2019, in response to a petition to the Supreme Court regarding the blindfolding of detainees, the state prosecution clarified that “military orders and regulations forbid the blindfolding of detainees, and action to clarify the rules to the troops acting in the region has been taken and will continue to be taken on a continuous basis.” The government of Israel stated this policy applies to all detainees and blindfolds are only to be used as a rare exception. As of October, the MCW reported, more than 90 percent of minors arrested during the year reported the use of blindfolds upon arrest. Israeli military prosecutors most commonly charge Palestinian minors with stone throwing, according to MCW.
Israeli military law defines security offenses to include any offense committed under circumstances that might raise a suspicion of harm to Israel’s security and that ISF believes may link to terrorist activity. Under military law, the IPS may hold adults suspected of a security offense for four days prior to bringing them before a judge, with exceptions that allow the IPS to detain a suspect for up to eight days prior to bringing the suspect before the senior judge of a district court. Suspects between ages 12 and 14 may be held up to one day, with a possible one-day extension. Those between ages 14 and 16 may be held up to two days, with a possible two-day extension. Those between ages 16 and 18 may be held up to four days, with a possible four-day extension.
Under military law, Israeli authorities may hold adults suspected of a security offense for 20 days prior to an indictment, with the possibility of additional 15-day extensions up to 75 days. An Israeli military appeals court may then extend the detention up to 90 days at a time. Prior to an indictment on a security offense, authorities may hold minors for 15 days, with the possibility of 10-day extensions up to 40 days. An Israeli military appeals court may then extend the detention up to 90 days at a time. Israeli authorities granted or denied bail to Palestinians detained for security offenses based on the circumstances of each case, such as the severity of the alleged offense, status as a minor, risk of escape, or other factors, but in most cases bail was denied.
The Illegal Combatant Law permits Israeli authorities to hold a detainee for 14 days before review by a district court judge, deny access to counsel for up to 21 days with the attorney general’s approval, and allow indefinite detention subject to twice-yearly district court reviews and appeals to Israel’s Supreme Court.
The Emergency Powers Law allows the Israeli Ministry of Defense to detain persons administratively without charge for up to six months, renewable indefinitely.
Human rights groups such as the PCHR reported families of imprisoned Palestinians, particularly Gazans, had limited ability to visit prisoners detained inside Israel due to the difficulty of obtaining permits to enter Israel.
Arbitrary Arrest: According to the ICHR and HRW, the PA in the West Bank and Hamas in Gaza made arbitrary arrests based on political affiliation. The PA arrested individuals from areas known to support PA President Abbas’s exiled Fatah rival Muhammad Dahlan, according to HRW. In many cases detainees were held without formal charges or proper procedures. Hamas claimed that the PA detained individuals during the year solely due to their Hamas affiliation. The PA stated it charged many of these individuals with criminal offenses under PA civil or military codes. Regarding the PA, the ICHR reported receiving 174 complaints of arbitrary arrest and 72 complaints of detention without trial or charges. Regarding Hamas, the ICHR reported receiving 137 complaints of arbitrary arrest.
On September 21, the PASF arrested several supporters of Mohammad Dahlan, the former Fatah security chief whom many see as President Abbas’s main rival for the presidency, according to media reports. Among those arrested in a reported crackdown on the so-called Dahlanist faction included senior Fatah official General Salim Safiyya and Fatah Revolutionary Council member Haytham al-Halabi. A spokesperson for the Democratic Reformist Current party headed by Dahlan said the PASF arrested dozens of its members for political reasons.
From June 12-14, Hamas arrested at least nine Fatah party members who on June 11 gathered for a memorial service for a Fatah party member who died in 2007, according to al-Mezan and the PCHR.
Also in Gaza, Palestinian Islamic Jihad (PIJ) militants kidnapped a number of Gazans critical of PIJ, according to media. Hamas stated it was investigating the kidnappings. On October 15, approximately 15 PIJ members raided al-Ansar Mosque in Khan Younis in Gaza, beat and abducted three other PIJ members, and took them to a PIJ site where they were beaten further before being released, according to media reports. PIJ later released a statement denouncing the incident and apologizing to the worshippers at the mosque.
There were numerous reports that the PA and Hamas improperly detained Palestinian journalists and arrested Palestinians who posted online criticism of the PA (in the West Bank) or Hamas (in Gaza).
Hamas practiced widespread arbitrary detention in Gaza, particularly of civil society activists, Fatah members, journalists, and those accused of publicly criticizing Hamas. Hamas also targeted persons suspected of ties to Israel for arbitrary detention.
On April 9, Hamas security forces detained Rami Aman and a number of his associates, members of a group called the Gaza Youth Committee, for taking part in an April 6 videoconference call with Israelis, according to NGOs and media reports. On September 23, a Gaza military court charged three of those arrested, including Rami Aman, under Article 153 of the Revolutionary Penal Code of 1979, which prohibits “recruiting oneself and others to serve the enemy.” A Hamas spokesperson stated conviction of “holding any activity or any contact with the Israeli occupation under any cover is a crime punishable by law and is treason to our people and their sacrifices.” On October 26, a Hamas military court convicted Rami Aman and two of his associates of “weakening revolutionary spirit” and ordered the release of the two remaining detainees, including Aman, on time already served.
In July, Hamas arrested three men at the Shohada’ graveyard in Beit Lahia after their participation in the funeral of Suleiman al-Ajjouri, who had committed suicide, according to the al-Mezan. Separately, Hamas briefly arrested two journalists at the same graveyard while they were preparing a report regarding al-Ajjouri; Hamas investigated them before releasing them the same day. Additionally, Hamas arrested four others after they attended al-Ajjouri’s wake and issued them summonses to appear, according to al-Mezan. Some of those arrested and later released said police physically assaulted them, interrogated them concerning their social media activities and involvement in peaceful protests, and confiscated their cellphones.
According to human rights NGOs, including B’Tselem, and HaMoked, throughout the year there were reports that Israeli security forces in the West Bank arbitrarily arrested and detained Palestinian protesters and activists, particularly those participating in demonstrations against demolitions or against killings of Palestinians.
Pretrial Detention: It was unclear how many Palestinians were held in pretrial detention in West Bank and Gaza prisons, but there were widespread reports of PA and Hamas detention without charge or trial. PA authorities held some prisoners detained by order of Palestinian governors in lengthy pretrial detention, according to complaints received by the ICHR. Some PA security forces reportedly detained Palestinians outside appropriate legal procedures, including without warrants and without bringing them before judicial authorities within the required time.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Palestinian detainees faced barriers to their ability to challenge in court the legal basis or nature of their detention and to obtain prompt release and compensation if found to have been unlawfully detained. Detainees held in PA custody faced delays in the enforcement of court rulings regarding their detention, especially regarding the PA’s obligation to release suspects who have met bail.
Palestinians held by Israeli military authorities in administrative detention have no right to trial and may only challenge their detention before a military court judge. In cases in which the evidence substantiating the charges against a detainee is classified, the detainee has no means of examining the evidence (nor, in some cases, to examine the charges) to challenge the detention.
Civil society organizations and some members of the Knesset continued to criticize the Israeli government for using administrative detention excessively, adding that the practice was undemocratic since there was no due process. As of October, Israel was holding more than 300 Palestinians in administrative detention, according to the NGO Physicians for Human Rights Israel. In its 2017 submission regarding compliance with the UN Convention against Torture, Israel asserted it issued administrative detention orders “as a preventive measure where there is a reasonable basis to believe that the detention is absolutely necessary for clear security purposes. Administrative detention is not employed where the security risk may be addressed by other legal alternatives, especially criminal prosecution.” The government further emphasized the role of military judges in reviewing administrative detention orders.
On July 27, ISF arrested Maher al-Akhras and held him in administrative detention, according to multiple media reports. Al-Akhras began a hunger strike the same day to protest his detention without charges. ISF alleged he was a member of Islamic Jihad. According to media reports, al-Akhras ended his strike after 103 days and on November 26, was released.
The PA basic law provides for an independent judiciary. According to the ICHR, the PA judicial system was subject to pressure from the security agencies and the executive, undermining judicial performance and independence. PA authorities did not always execute court orders.
In 2019 President Abbas issued a decree dissolving the existing High Judicial Council and establishing a transitional council, which was extended through the end of the year. The council consists of seven members, with the president appointing the chief judge and the deputy. The Palestinian Bar Association has critiqued this arrangement as undue executive influence over the judiciary. The transitional council also includes the attorney general and the undersecretary of the Ministry of Justice. The council oversees the judicial system and nominates judges for positions throughout the PA judiciary for approval by the president.
Palestinians have the right to file suits against the PA but rarely did so. Seldom-used administrative remedies are available in addition to judicial remedies.
In Gaza Hamas did not respect fair trial provisions or provide access to family and legal counsel to many detainees. Hamas-appointed prosecutors and judges operated de facto courts, which the PA considered illegal. Gaza residents may file civil suits. Rights groups reported Hamas internal security agencies regularly tried civil cases in military courts.
Israeli civil law provides for an independent judiciary, and the government generally respected Israeli civil courts’ independence and impartiality. The Israeli government tried Palestinian residents of the West Bank accused of security offenses in Israeli military courts.
On January 12, an Israeli military court acquitted human rights activist Mohammed Khatib of all charges stemming from his arrest at a demonstration in 2015 at which he was alleged to have assaulted a soldier, disrupted a soldier, and participated in an unlicensed march, according to human rights groups and media reports. In October 2019, his defense presented a video taken at the demonstration, which directly contradicted the allegations against him, according to media reports. The court only agreed to acquit on the condition Khatib not take legal action against the court for his wrongful arrest; a stipulation considered illegal under the Israeli legal system, according to rights groups.
In November the United Nations expressed concern that Israeli authorities continued to hold World Vision employee Mohammed Halabi on charges of providing material support to Hamas, after four years of investigation and trial. The case continued at year’s end.
PA law provides for the right to a fair and public trial, and the judiciary generally enforced this right in the West Bank. Trials are public, except when the court determines PA security, foreign relations, a party’s or witness’s right to privacy, protection of a victim of a sexual offense, or an alleged “honor crime” requires privacy. If a court orders a session closed, the decision may be appealed to a higher PA court. Defendants enjoy a presumption of innocence and the right to prompt and detailed information regarding the charges, with free interpretation as necessary, from the moment charged through all appeals. Amnesty International reported that PA political and judicial authorities sometimes failed to adhere to basic due process rights, including promptly charging suspects. PA law provides for legal representation, at public expense if necessary, in felony cases during the trial phase. Defendants have the right to be present and to consult with an attorney in a timely manner during the trial, although during the investigation phase, the defendant only has the right to observe. Defendants have the right to adequate time and facilities to prepare a defense. Suspects and defendants in the PA justice system have a right to remain silent when interrogated by the prosecutor, according to the law. Defendants also have a legal right to counsel during interrogation and trial. They have the right to appeal. PA authorities generally observed these rights.
Hamas in Gaza followed the same criminal procedure law as the PA in the West Bank but implemented the procedures inconsistently.
Israeli authorities tried Israelis living in West Bank settlements under Israeli civil law in the nearest Israeli district court. Israeli authorities tried Palestinians in the West Bank in Israeli military courts. The same evidentiary rules used in Israeli criminal cases apply in both Israeli military and civilian proceedings; for example, Israeli authorities may not base convictions solely on confessions. Indigent detainees do not automatically receive free legal counsel for military trials, but almost all detainees had counsel, in part because NGOs funded their representation.
Israeli military courts are conducted in Hebrew, but Palestinian defendants have the right to simultaneous interpretation at every hearing. Some human rights organizations claimed the availability and quality of Arabic interpretation was insufficient. Israeli authorities stated interrogations of Palestinians took place only in Arabic and that authorities submitted no indictments based solely on a confession written in Hebrew. MCW claimed that the majority of detained Palestinian minors were shown or made to sign documentation written in Hebrew, a language most Palestinian minors could not read, at the conclusion of their interrogation. Defendants may appeal through the Military Court of Appeals and petition Israel’s High Court of Justice (HCJ). According to NGO reports, Israeli military courts rarely acquitted Palestinians charged with security offenses although they occasionally reduced sentences on appeal.
Some lawyers who defended Palestinians in Israeli courts argued that the structure of military trials–which take place in Israeli military facilities with Israeli military officers as judges, prosecutors, and court officials, and with tight security restrictions–limited Palestinian defendants’ rights to public trial and access to counsel.
NGOs reported the PASF arrested Palestinians for political reasons in the West Bank. There was no reliable estimate of the number of political prisoners the PA held in the West Bank. In 2019 there were reports Palestinian security forces arrested, intimidated, and tortured Palestinians following their participation in an international conference in Bahrain. Other sources reported that the PA was targeting the individuals for criminal behavior. Some of these individuals, labeled “collaborators” for working with or engaging with Israelis on political initiatives the PA did not support, reported direct and indirect threats of violence from Fatah, members of Fatah’s Tanzim, Hamas, and other groups, some with possible ties to the PA. They reported damage to personal property and businesses. There were reports that the families of those targeted were pressured to disown them, which would decrease risks for attackers to injure or kill them, and that they and their family members were denied medical treatment in PA health facilities, which allegedly contributed to greater health complications including death.
In Gaza Hamas detained thousands of Palestinians due to political affiliation, public criticism of Hamas, or suspected collaboration with Israel, and held them for varying periods, according to rights groups. Hamas alleged that it arrested Fatah members on criminal, rather than political charges, although many of the arrests occurred after Fatah anniversary celebrations in Gaza that Hamas would not sanction. Hamas detained some Fatah members after their participation in protests or social media activity pertaining to the 14th anniversary of the Fatah-Hamas split, according to the PCHR. Observers associated numerous allegations of denial of due process with these detentions. NGOs had limited access to these prisoners.
Some human rights organizations claimed Palestinian security prisoners held in Israel were political prisoners. The Israeli government described security prisoners as those convicted or suspected of “nationalistically motivated violence.”
A Palestinian resident of the West Bank may file suit against the PA, including on alleged abuses of human rights, but this was uncommon.
A Palestinian resident of Gaza may file suit against Hamas, including on alleged abuses of human rights, but this was also uncommon.
Palestinian residents of the West Bank may file suit against the government of Israel. Residents of Gaza are not able to seek redress or compensation from the Israeli government for damage to property or bodily harm due to Gaza’s classification as an “enemy territory” under the Civil Wrongs (State Liability) Law.
Israel has an independent and impartial judiciary that adjudicates lawsuits seeking damages for, or cessation of, human rights violations. Administrative remedies exist, and court orders usually were enforced. Palestinian residents of Jerusalem may file suit against the government of Israel under the same rules that govern access to judicial and administrative remedies by Israel citizens. By law nonresident Palestinians may file suit in civil courts to obtain compensation in some cases, even when a criminal suit is unsuccessful and the actions against them are considered legal.
The Israeli government conducted multiple demolitions of Palestinian property in the West Bank, including in Areas A and B, for lack of Israeli-issued permits, construction in areas designated for Israeli military use, location of structures within the barrier’s buffer zone, and as punishment for terrorist attacks. Several Israeli and Palestinian human rights groups and the United Nations claim punitive demolitions are a form of collective punishment that violates the Fourth Geneva Convention. Some human rights NGOs claimed that Israeli authorities often placed insurmountable obstacles against Palestinian applicants for construction permits in Israeli-controlled Area C. Obstacles include the requirement that Palestinian applicants document land ownership despite the absence of a uniform post-1967 land registration process, high application fees, and requirements to connect housing to often unavailable municipal infrastructure. Israeli authorities charged demolition fees for demolishing a home, according to the United Nations, which at times prompted Palestinians to destroy their own homes to avoid the higher costs associated with Israeli demolition.
In the majority of West Bank demolitions, the Civil Administration, a part of Israel’s Ministry of Defense, initially presents a stop-work order, which gives the property owner 30 days to submit an appeal to the Civil Administration and also apply for a retroactive permit. If neither is successful, the Civil Administration will issue a demolition order to be executed within two to four weeks, during which time the property owner may petition an Israeli court for an injunction to stop the demolition.
In the West Bank, Israeli authorities, including the Civil Administration and the Ministry of the Interior, demolished 673 Palestinian structures, a 61 percent increase from 2019, according to the UN Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territories (UNOCHA). The demolitions included 116 inhabited residences, displacing 605 persons, including 315 minors, according to the United Nations. The demolished structures included homes, water cisterns, farm buildings, storehouses, and other structures, more than 98 percent of which were demolished on the basis that they lacked construction permits. Several rights groups, including B’Tselem and HRW, and the United Nations stated the Israeli government rarely approved Palestinian construction permit requests. From 2016 to 2018, the Civil Administration approved only 56 Palestinian construction permits in Area C out of 1,485 filed (3.7 percent), according to the Israeli government’s response to a freedom of information request from the NGO Bimkom. During the same period, the Civil Administration issued 2,147 demolition orders for Palestinian structures in Area C, according to Bimkom.
On November 3, the Civil Administration demolished structures, including residences, belonging to 11 families totaling 74 persons, most of whom were minors, in Khirbet Humsah, according to media reports. It was the largest single-day demolition in more than 10 years, according to media reports and the UN. According to the Israeli government, these families and others in the Jordan Valley live in a declared military firing zone and are sometimes evacuated for their safety following relevant regulations.
The Palestinian Bedouin community Khan al-Ahmar, slated for Israeli demolition since 2009 due to a lack of building permits and proof of land ownership, remained standing at year’s end. On November 2, in response to a petition from the NGO Regavim, the Israeli government stated demolitions should be delayed during the coronavirus outbreak and that Khan al-Ahmar would not be demolished in the following four months. Approximately 170 residents live in the community, in an area adjacent to a highway, with unpermitted, makeshift electrical and water connections. In 2018, after nearly 10 years of litigation, the HCJ ruled that the Civil Administration’s demolition orders against the structures in Khan al-Ahmar were valid, which provided the Civil Administration legal justification to demolish the village. Residents were not able to receive permits, as the Israeli government has not approved a master plan for the area.
While all West Bank demolitions are authorized under military orders, the Civil Administration used two particular military orders to impede Palestinians’ ability to challenge demolitions, according to the United Nations, several Israeli and Palestinian rights groups, and Israeli and Palestinian lawyers familiar with cases in which the orders were used. Under one of these military orders, the Civil Administration is authorized to demolish a newly built structure as soon as 96 hours after issuing a demolition order. During the 12-month period ending May 31, the Civil Administration used this order to demolish 47 structures, according to the United Nations.
In August the Israeli government amended a second military order, which allows for the immediate demolition or confiscation of any mobile structures to include any structures built within 90 days. The order originally allowed for the immediate removal of mobile structures within 30 days of construction. Rights groups stated the Civil Administration broadly translated the order to demolish animal pens and other structures and to confiscate building materials and vehicles. On November 3, the Civil Administration confiscated nine tractors, five utility trailers, and two cars from a village in the Jordan Valley, according to B’Tselem. Several rights groups, including Bimkom and St. Yves, stated the Israeli government is increasingly utilizing these military orders. According to the Israeli government, all land ownership cases are assessed individually by an administrative committee, which is subject to judicial review, and decisions are made according to the evidence provided.
Israel’s Civil Administration conducted punitive demolitions on structures belonging to Palestinians who carried out or allegedly carried out attacks on Israelis, according to human rights groups and media reports. The Israeli government stated such demolitions had a deterrent effect on potential assailants. NGOs, such as Amnesty International, HRW, and several Palestinian and Israeli NGOs, widely criticized punitive demolitions and stated the actions sometimes rendered nearby structures uninhabitable.
Israeli authorities executed punitive demolitions on five residences and two water cisterns and sealed one residence, displacing 33 Palestinians, including 14 minors, according to the United Nations. Some punitive demolitions and sealings of rooms occurred before or during the trial of the alleged attacker, rather than after a verdict had been reached, according to media reports. On October 21, the IDF filled with concrete the room of Nizmi Abu Bakar, the alleged killer of IDF soldier Amit Ben Yigal, after the High Court of Justice blocked the IDF’s plan to demolish the entire third floor apartment, according to media reports. The High Court stated the entire apartment could not be destroyed because Abu Bakar’s family members were unaware of and uninvolved in his alleged crime.
Israeli civil authorities ordered demolition of some private property in East Jerusalem, stating the structures were built without permits. B’Tselem reported that authorities demolished 121 housing units in East Jerusalem, and owners had self-demolished 81 units to avoid additional fines by the end of the year. This represented a decrease of 28 percent and an increase of 92 percent, respectively, with the number of self-demolitions the highest since B’Tselem began recording data in 2008. Legal experts pointed to the Kaminitz Law, which reduced administrative processing times for demolitions and increased administrative fines for those failing to demolish their own buildings, as a key factor in the increased number of demolitions in East Jerusalem. There were credible claims that municipal authorities in Jerusalem often placed insurmountable obstacles against Palestinian residents who applied for construction permits, including failure to incorporate community needs into zoning decisions, the requirement that they document land ownership despite the absence of a uniform post-1967 land registration process, the imposition of high application fees, and requirements to connect housing to municipal infrastructure that was often unavailable.
In addition NGOs asserted that there was a continuing policy intended to limit construction to prevent the creation or maintenance of contiguous neighborhoods between the West Bank and Jerusalem. Israeli official policy was to maintain an ethnic balance between Jews and non-Jews in Jerusalem, according to civil society and official reports. The Israeli MFA said that the Jerusalem Municipality did not have any such policy. Israeli law no longer prevents non-Jews from purchasing housing units, although cultural, religious, and economic barriers remain to integrated neighborhoods, according to civil society representatives.
According to the Israeli government, all land ownership cases are assessed individually by an administrative committee, which is subject to judicial review.
According to Ir Amim and B’Tselem, discrimination is a factor in resolving disputes regarding land titles acquired before 1948. The law facilitates the resolution of claims by Jewish owners to land owned in East Jerusalem prior to 1948 but does not provide an equal opportunity for Palestinian claimants to land they owned in West Jerusalem or elsewhere in the British Mandate. Additionally, some Jewish and Palestinian landowners in Jerusalem were offered compensation by Israel for property lost prior to 1948. Civil society reports noted that many Palestinian landowners were deemed ineligible for compensation because they had to be residents of Jerusalem as of 1973. Other Palestinian landowners refused to accept compensation because they deemed it to be inadequate or in principle due to their rejection of Israeli administration. Jordanian authorities between 1948 and 1967 housed Palestinians in some property that was reclaimed by Jewish owners after Israel occupied East Jerusalem in 1967. Legal disputes continued regarding many of these properties involving Palestinian residents, who have some protection as tenants under Israeli law.
The 2020 Department of State’s Justice for Uncompensated Survivors Today (JUST) Act Report to Congress is available on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress.
The PA law generally requires the PA attorney general to issue warrants for entry into and searches of private property; however, PA judicial officers may enter Palestinian houses without a warrant in case of emergency. NGOs reported it was common for the PA to harass family members for alleged offenses committed by an individual. Although the Oslo Accords authorize the PASF to operate only in Area A of the West Bank, at times they operated in Area B without Israeli authorization, including to harass or search the homes of individuals sought for political activity.
In Gaza Hamas frequently interfered arbitrarily with personal privacy, family, and home, according to reporting from local media and NGO sources. There were reports Hamas searched homes and seized property without warrants, and took control of hotels to use as quarantine facilities unlawfully and without compensation to the owners. They targeted critics of their policies, journalists, Fatah loyalists, civil society members, youth activists, and those whom Hamas security forces accused of criminal activity. Hamas forces monitored private communications systems, including telephones, email, and social media sites. They demanded passwords and access to personal information, and seized personal electronic equipment of detainees. While Hamas membership was not a prerequisite for obtaining housing, education, or Hamas-provided services in Gaza, authorities commonly reserved employment in some government positions, such as those in the security services, for Hamas members. In several instances Hamas detained individuals for interrogation and harassment, particularly prodemocracy youth activists, based on the purported actions of their family members.
In response to reported security threats, ISF frequently raided Palestinian homes, including in areas designated as under PA security control by Oslo Accords-era agreements, according to media and PA officials. These raids often took place at night, which ISF stated was due to operational necessity. Only ISF officers of lieutenant colonel rank and above may authorize entry into Palestinian private homes and institutions in the West Bank without a warrant, based upon military necessity. Israel’s Settlement Affairs Ministry published criteria for regional councils of Israeli settlers in the West Bank to apply for Israeli government funding for private drones and patrol units to monitor Palestinian building efforts, according to media reports. In recent years some Israeli settlements reportedly used drones for security purposes.
According to B’Tselem, the Israeli military compelled various communities throughout the Jordan Valley to vacate their homes in areas Israel has declared firing zones during times when the IDF was conducting military exercises.
The 2003 Israeli Law of Citizenship and Entry, which is renewed annually, prohibits Palestinians from the West Bank or Gaza, Iranians, Iraqis, Syrians, and Lebanese, including those who are Palestinian spouses of Israeli residents or citizens, from obtaining resident status unless the Ministry of the Interior makes a special determination, usually on humanitarian grounds. The government has extended the law annually due to government reports that Palestinian family reunification allows entry to a disproportionate number of persons who are later involved in acts of terrorism. HaMoked asserted that statistics from government documents obtained through Freedom of Information Act requests contradicted these terrorism allegations, and the denial of residency to Palestinians from the West Bank or Gaza for the purposes of family reunification led to cases of family separation.
According to 2018 HaMoked reports, there were approximately 10,000 Palestinians from the West Bank or Gaza living in Israel, including Jerusalem, on temporary stay permits because of the law, with no legal stipulation that they would be able to continue living with their families. There were also cases of Palestinian spouses living in East Jerusalem without legal status. Authorities did not permit Palestinians who were abroad during the 1967 war or whose residency permits the government subsequently withdrew to reside permanently in Jerusalem. Amnesty International and other human rights organizations called on the government to repeal this law and resume processing family unification applications. The law allows the entry of spouses of Israelis on a “staying permit” if the male spouse is age 35 or older and the female spouse is age 25 or older, for children up to age 14, and a special permit to children ages 14-18, but they may not receive residency and have no path to citizenship. According to the Israeli MFA, the Population & Immigration Authority received 886 family unification requests from East Jerusalem in 2020, and 616 in 2019. Of these 256 were in approved and 540 are pending from 2020, while 373 were approved and 41 pending from 2019.
Israeli authorities froze family unification proceedings for Palestinians in the West Bank and Gaza in 2000. In 2019 the Israeli High Court of Justice rejected all 18 of HaMoked’s family unification petitions, stating that the petitions had been filed too late because they referred to old family unification cases. According to HaMoked, many of the petitioners were foreign nationals who had been living in the West Bank for 10-15 years with only visitor permits, who applied for family unification when they first arrived, and who never received an answer. HaMoked stated the Palestinian Liaison Offices typically refuse to accept family unification requests because Israel refuses to review family unification requests submitted in the West Bank. In 2019, individuals from the West Bank and Gaza submitted 1,048 family unification applications, 584 of which were approved and 201 of which are pending, according to the Israeli government. In 2020, individuals from the West Bank and Gaza submitted 1,191 family unification applications, 340 of which were approved and 740 of which are pending, according to the Israeli government.
HaMoked stated there were likely thousands of foreign spouses living in the West Bank with their Palestinian partners, and often children, with only temporary tourist visas, a living situation that became more complicated under COVID-19 with the frequent closures of Allenby Bridge. HaMoked stated because these individuals used the Allenby Bridge to enter and depart the West Bank, the bridge’s closure left them with the choice of either potentially overstaying their visa or attempting to travel through Ben Gurion airport, which they are not permitted to do. HaMoked claimed the military’s refusal to review requests of foreign citizens for family unification is contrary to Israeli law and to Israeli-Palestinian interim Oslo Accords-era agreements. HaMoked stated the IDF rejected family unification requests based on a broad policy and not on the facts of the individual cases brought before it. As such, HaMoken stated, the practice does not appropriately balance relevant security needs and the right of Palestinians in the West Bank and Gaza–whom HaMoked stated were protected persons under international humanitarian law–to family life.
Israeli authorities reportedly permitted children in Gaza access to a parent in the West Bank only if no other close relative was resident in Gaza. Israeli authorities did not permit Palestinians abroad during the 1967 War or whose residency permits the Israeli government subsequently withdrew to reside permanently in the West Bank or Gaza.