Israel willing to free hunger striking detainee if he leaves the country
Adalah Center, which petitioned for Mohammed Allaan's release on his behalf, says it intends to reject proposal made by state; Public Security Minister Erdan slams proposal: 'It would obviously lead to mass hunger strikes among administrative detainees – a new weapon for the terrorists'.
Israel is willing to consider releasing hunger striking administrative detainee Mohammed Allaan, if he agrees to leave the country and not return to the West Bank for four years, according to a proposal made at a Supreme Court hearing on Allaan's case on Monday.
The court was discussing a petition submitted on Allaan's behalf by the Adalah Legal Center for Arab Minority Rights in Israel and Attorney Jamil Khatib, which claimed his immediate release was necessary for medical reasons.
The Adalah Center said it intends to reject the compromise proposal.
"The proposal proves that the administrative detention became a severe, extensive punishment, without a trial, which is based on extraneous considerations," read the petitioners' response.
"We will argue in court that even by the logic of the security forces, whose rationale behind administrative detention is to prevent security risks posed by the detainee, Mohammed Allaan should be released, as he cannot pose any danger in his current state. Therefore, his detention has become a vengeful, retaliatory detention with no worthy purpose, and all this without filing an indictment against him."
The petitioners further argued that the case was "a dangerous precedent in which the authorities are trying to use administrative detention as a tool in order to force West Bank residents to choose between lengthy imprisonment without trial or expulsion, which is contrary to the principles of international humanitarian law."
Justice Hanan Melcer appeared to agree with the petitioners. "At the moment, the danger he poses has completely diminished, so there has been a change of circumstance and that has implications for continuing the administrative detention. If he wakes up and recovers and becomes active, you can renew this thing," he said.
Allaan, who has been on a hunger strike for 62 days, is a member of Islamic Jihad, and his administrative detention – which began early this year – is based on intelligence.
In recent weeks he has become a symbol, particularly because he could be the first person to be fed by force since a new law was passed in the Knesset, permitting that course of action.
Public Security Minister Gilad Erdan said Monday that he was staunchly opposed to any such compromise, tweeting: "If Allaan is freed, it would obviously lead to mass hunger strikes among administrative detainees – a new weapon for the terrorists."
Before the proposal was mentioned, the state sought to completely reject the petition, partly because the court already rejected a petition by Allaan for his release two weeks ago.
Daniel Yaakovson, an ICU doctor at Barzilai Medical Center where Allaan is currently hospitalized under sedation and artificial respiration, told the court that while the detainee's condition is critical, there was no reason to think he would not soon return to consciousness.
Asked what would happen if Allaan awoke and asked not to be treated, the doctor answered that "we will stop treatment and he's expected to die within a short amount of time."
Dozens of Palestinians clashed with Jewish protestors in Ashkelon on Sunday evening because of Allaan's hospitalization and the prospect of force-feeding him.
MK Ahmad Tibi (the Joint Arab List) told Ynet: "Either file an indictment against him, or release him. Detaining him in an ICU with artificial respiration and sedation is an immoral situation by any measure. The protests will continue until he is released, as was the case with other detainees."
Tibi warned that if Allaan dies because of the hunger strike, "the Israeli government and the occupation will be directly responsible for his death and they will bear the consequences, both on the international level, and on the ground. The situation on the ground is on the verge of exploding. This is added to the crime of burning the Dawabsheh family."
Tibi emphasized that he also opposed administrative detention of Jews. "It's an entirely anti-democratic act," he said.
Regarding the protests that devolved into violence, the MK said: "When a protest turns into a violent one and people protect themselves against the other group – that's what happens. We want him to be released and for the demonstrations to stop. But as long as he is in the ICU, detained, after he was handcuffed in the hospital for five days, the rage increases."
