The Disappearance of Gaza Residents During Detention by the Israeli Army, and Army Claims of Not Knowing Their Whereabouts

30/12/2024 - Al-Hudhud Network / Haaretz / Hagar Shezaf

Since the start of the war, the fate of many Palestinians from Gaza detained by the Israeli army has remained unknown. The army claims to have "no indication" of their detention, even though they were last seen in the custody of soldiers. In recent months, Palestinians and human rights organizations have filed 27 petitions to uncover the fate of the missing, most of which were rejected. However, in some cases, the army was forced to reinvestigate and found that individuals it claimed to have no knowledge of were either in detention centers or had died.

One such case is that of Abdul Karim Al-Shanna, who was detained in late January 2024 while trying to cross a military checkpoint south of Khan Younis. The army had ordered residents to evacuate to the Mawasi area, described as "safe," but attacks continued there. Since his detention, his family has received no news about him. After months of searching, news came through a released prisoner who confirmed seeing Al-Shanna in "Shikma" detention center in Ashkelon, where he was tortured and provided no mattresses to sleep on.

When the family attempted to arrange for a lawyer to visit him, they were told by security services that he was not in Shikma but in Ofer Prison. However, when contacting the prison monitoring center, they were told there was "no indication" of his detention. This response was repeated in another request made by the family.

In an effort to locate Al-Shanna, his family exhausted all possible avenues. His niece, Dohaa, who lives in the West Bank, said: "We contacted the Ministry of Prisoners, the Red Cross, and Al-Dameer Organization, and every organization we could think of. We went to schools used as shelters and tried to reach any released prisoner to ask about him." Al-Shanna, aged 39, is the father of six children, one of whom, a 17-year-old, was also detained and was visited by a lawyer at Megiddo Prison.

In September, the organization "HaMoked: Center for the Defense of the Individual" filed a request to determine Al-Shanna's whereabouts. Following the petition, the state responded that he was being held in Ofer Prison under criminal procedures and had been visited by a lawyer in May 2024—without his family's knowledge. The state claimed that the response given to the family was an "oversight." The court dismissed the petition, stating that the oversight "caused inconvenience" but did not justify continuing the case.

Since the beginning of the war, hundreds of Gaza residents have been detained, some transferred to detention centers in Israel, while others were held temporarily in Gaza. Most were detained under the "Unlawful Combatants Law," which allows detention for 45 days without access to a lawyer. At the start of the war, this period was extended to 180 days.

The state refused for months to provide any information about the fate of detainees while simultaneously halting Red Cross visits to prison facilities. Following petitions from HaMoked, the state agreed in May to provide an email address families could use to request lawyer visits after 45 days of detention. From May to October, HaMoked submitted 901 requests to locate detainees, of which 501 were answered, while 400 received the response that there was "no indication" of their detention.

In some cases, individuals the army claimed to have no knowledge of were later found to have been detained. For instance, a Gaza resident detained in late May 2024 was initially reported as "not detained" by the army. However, he was released two months later and stated he had been held in Gaza throughout that period.

Another case involved Munir Al-Fa’awi and his son Yaseen, whom the army claimed had "no indication" of their detention. Following a petition, it was revealed that both had died while in custody. A military investigation into their deaths is ongoing.

A further case is that of the Ajjour family father and his five-year-old daughter, who disappeared after being detained by soldiers in March 2024. The mother stated: "A released prisoner told us he saw my husband in the Negev prison, but he knew nothing about his condition." However, the state refused to acknowledge his detention.

Jessica Montell, director of HaMoked, stated: "Hundreds of individuals have disappeared after being detained by soldiers. Either the army refuses to provide information, or soldiers fail to document their treatment of civilians altogether. The Supreme Court has become a mere rubber stamp for whatever the army claims."