Deprivation of Family Visits

27/9/2023

Over 6,500 Palestinian prisoners and detainees are held in Israeli prisons, most of whom are denied their basic rights, including one of the most fundamental: the right to maintain contact with their families through regular family visits. Imprisonment causes suffering not only for the prisoner deprived of freedom but also for their family members outside the prison. Many Palestinians are forced to live without a mother, father, brother, or sister due to imprisonment. The policy of mass detention practiced by the occupying state has a devastating impact on Palestinian society in general and on the families of prisoners in particular.

Israeli authorities often arbitrarily cancel family visits or limit their duration. In addition, many Palestinian prisoners are completely denied family visits, a practice that directly contravenes the responsibilities and obligations of the occupying state under international law. Family visitation rights are clearly stipulated in the Fourth Geneva Convention, the Standard Minimum Rules for the Treatment of Prisoners, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and regulations governing European prisons, as well as the Convention on the Rights of the Child.

The occupying state detains Palestinian prisoners from the West Bank and Gaza Strip in prisons located outside the territories occupied in 1967, violating Article 76 of the Fourth Geneva Convention of 1949. This article explicitly prohibits the transfer or deportation of individuals from occupied territories to the territory of the occupying power. This practice creates significant obstacles for families wishing to visit their imprisoned relatives, as they are required to obtain permits from Israeli authorities to enter areas within the 1948-occupied territories. Obtaining such permits is often extremely difficult, if not impossible, with "security reasons" cited without clarification or justification for refusals.

When visits are permitted, the Israeli Prison Service imposes numerous restrictions on both prisoners and their families. Visits are typically limited to immediate family members, and male relatives aged 16-35 are permanently barred from visiting. Furthermore, communication during visits is limited to phone conversations through a glass barrier, with no physical contact allowed.

The situation for prisoners from the Gaza Strip is particularly dire. Before 2007, they were allowed family visits. However, after the capture of Israeli soldier Gilad Shalit, family visits were suspended under the pretext of unspecified "security reasons." This policy exemplifies the occupying state's use of collective punishment against Gaza’s population. Even after a hunger strike by prisoners in April 2012 led to the reinstatement of visits, prisoners from Gaza were limited to one visit every 60 days, compared to every two weeks for prisoners from the West Bank, Jerusalem, and 1948-occupied territories.

During the Israeli military aggression on Gaza in July 2014, family visits for Gaza prisoners were suspended until October 2014. Similar restrictions were imposed on prisoners affiliated with Hamas, Islamic Jihad, and the Popular Front for the Liberation of Palestine, who constitute over half of all Palestinian prisoners.

Family Visits Policy Evolution

Prior to the Second Intifada in September 2000, family visits to Palestinian prisoners were conducted regularly without major impediments. However, following the Israeli military's incursions into the West Bank and the installation of numerous military checkpoints, families from the occupied territories—except those holding Jerusalem ID cards—had to apply for permits to visit their relatives in prison. This requirement made visits increasingly difficult and time-consuming, with permit approval taking between one and three months. Permits, valid for only one year, are processed through the International Committee of the Red Cross (ICRC) and submitted to the occupying authorities. Visits are limited to immediate family members, further isolating prisoners from their broader social networks.

In practice, many Palestinian families are unable to secure permits due to "security reasons," a vague justification offered without further explanation. Even when visits occur, they last only 45 minutes every two weeks, with communication limited to phone calls through glass barriers. Only three adults and a couple of minors are allowed to visit at a time.

Impact of Collective Punishment

The detention of Palestinian women has particularly severe consequences for them and their families, amounting to collective punishment. For example, the case of Qahira Saeed Saadi, arrested in May 2002, highlights the trauma experienced by families. Her children were deeply affected by witnessing her arrest and the accompanying violence. During her interrogation, Israeli intelligence threatened her with harm to her daughters, aged 10 and 16, unless she complied with their demands.

Following her transfer to prison, Saadi was denied family visits for two years. Even when her children were eventually allowed to visit, the process was grueling, with ten-hour round trips for brief, emotionally strained meetings through glass barriers.

Studies show that denying family visits negatively affects the psychological and physical health of female prisoners, leading to anxiety, depression, and intensified feelings of isolation for both the prisoners and their families.

International Law on Family Visits

The occupying state’s denial of family visits constitutes a continuous violation of international law, which guarantees prisoners’ right to such visits. Article 116 of the Fourth Geneva Convention (1949) explicitly states that prisoners of war are entitled to regular family visits. Similarly, the UN Standard Minimum Rules for the Treatment of Prisoners (1977) and related principles affirm prisoners' rights to maintain contact with family through correspondence or visits under reasonable conditions.

For minors, international law strongly emphasizes their right to family contact. The UN Rules for the Protection of Juveniles Deprived of Their Liberty (1990) explicitly call for regular family visits, ideally once a week.

Conclusion

The policy of mass detention has had a devastating impact on Palestinian society. Since 1967, nearly 750,000 Palestinians have been arrested, making it rare to find a family untouched by this practice. As a result, the issue of prisoners remains central to the collective consciousness of Palestinians.

Although international law guarantees all detainees the right to family visits, the occupying state systematically denies this right as a punitive measure. Many Palestinian prisoners have not seen their families in years. The majority of political detainees are held in 1948-occupied territories, forcing families from the West Bank to apply for permits, which are often denied on vague "security grounds."

The deprivation of family visits is used as a form of collective punishment. During the administrative detainees’ hunger strike in mid-2014, the Israeli Prison Service punished leaders of the strike by suspending their family visits for six months. These stories of arrest and its impact on Palestinian families remain untold, overshadowed by the collective sorrow of separation and incomplete celebrations that define their lives.

Source: Al-Dameer