Court suspends hunger striking Palestinian's administrative detention
High Court announces decision after MRI scan shows Mohammed Allaan has suffered damage, but unclear whether it is reversible; state earlier told High Court he would be immediately released if he suffered irreversible damage.
Israel's High Court on Wednesday evening announced it was suspending the administrative detention of hunger-striking Palestinian Mohammed Allaan.
Justices Neal Hendel, Elyakim Rubenstein, and Hanan Melcer ruled that if Allaan's brain damage proves to be irreversible, the administrative order for his detention will be completely revoked. It was unclear whether the damage was reversible.
The justices also ruled that if Allaan's condition improves, and in the event that he requests transfer to another hospital or turns to the authorities, or if there are problems or disagreements, the court will reconsider the case.
Justice Rubinstein explained the reasoning behind the decision: "He does not pose a danger because of his medical condition, and so the administrative order is not active now," he wrote. He added that relatives and associates could now visit Allaan, subject to normal hospital guidelines.
At around 9pm, Barzilai Medical Center said it had decided to put Allaan in an induced coma because his condition was worsening.
Hours earlier, the hospital said Allaan had suffered brain damage, after Israel told the High Court of Justice it would immediately release him if he had irreversible brain damage.
"Allaan's condition is dangerous and there could be a rapid deterioration," said Dr. Hezi Levy.
Allaan's attorney, Sawsan Zaher of the Adalah Legal Center for Arab Minority Rights in Israel, said there was no doubt that damage had occurred, and that it would take weeks or months for Allaan to return to his normal self.
The Adalah Center and Attorney Jamil Khatib, who submitted the petition to release Allaan to the High Court, stated: "The court may have accepted the petition, but this occurred when Allaan's case became extremely cruel and vindictive, and brought him to the brink of death. The case in question shows that the use of administrative detentions against Palestinians has become a punitive and vindictive tool without trial, which has no parallel in any regime, in view of the hundreds of administrative detainees currently in Israeli prisons."
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State Attorney Yochi Gansin told the High Court that release was conditional on a medical examination proving that he suffered damage that would not allow him to return to the activity for which he was detained. The examination was performed on Wednesday afternoon and the results of MRI were released shortly after.
According to reports from Barzilai Medical Center, where Allaan has been undergoing treatment, the condition of the Islamic Jihad operative remains critical. He was conscious and breathing on his own, but was receiving fluids intravenously and essential medications to keep his body functioning.
The High Court discussion discussed Allaan's medical condition behind closed doors. Allaan's attorneys claimed they had received a proposal from the state to release him on November 3, when the administrative order expires. They said they had told Allaan of this possibility, but he had not yet responded.
The hospital said that Allaan's condition was worsening on Wednesday, more than two months after he stopped eating. According to the hospital, he exhibited confusion and difficulty communicating with his surroundings.
