The High Court of Justice today issued an interim decision ordering the State to immediately notify the detainees at the “Shomron” (Huwara) detention facility concerning a new regulation allowing them free access to toilet facilities at all hours of the day.In addition, the respondents were ordered to submit, no later than the middle of December 2007, a supplementary statement regarding the progress being made in the construction of additional toilets and urinals after they did not keep their promise do so prior to the hearing.In the course of the hearing, the High Court justices questioned whether the use of plastic bottles for the purpose urination is at all acceptable in a law abiding and enlightened state.
The High Court of Justice today, 22 October 2007, held a hearing on petition (7424/07) concerning the above issues that was filed by the Public Committee Against torture in Israel (PCATI) through Attorneys Samah Elkhatib-Ayoub and Eliahu Abram. The High Court panel included Justices Edna Arbel, Salim Joubran and Uzi Fogelman. The petition was filed by PCATI on 30 August 2007 on behalf of three detainees who had been held at the “Shomron” detention facility demanding that the respondents reply why they do not allow detainees being held at the facility free access to toilet facilities at all time and why they should not build additional toilets in the yard, near the detention cells, that would guarantee proper sanitary conditions. In addition the petitioners asked the Court to issue an interim order, valid until the conclusion of the proceedings relating to the above petition that would guarantee the detainees’ access to the toilets at all times.
The “Shomron” detention facility, which is administered by the Israeli army, houses detainees from the West Bank who are held in detention cells that have no toilet facilities, sinks or running water. Outside the cells, in the yard, there are only three toilets available to the approximately 60 detainees being held in the facility. The detainees are allowed to leave their cells only three times a day, at regular times. At night and at other times during the day, they are not allowed to leave the cells in order to use the toilets. Therefore, during these times, the detainees are forced to use plastic bottles for their personal needs. These are distributed by the soldiers who guard the detention facility. When the plastic bottles are full, the detainees are forced to control their natural needs until the next time they leave the cells and can empty out the bottles.
On 17 September 2007, the respondents filed their response to PCATI’s petition stating that an order was given to the soldiers at the “Shomron” detention facility to allow the detainees to leave their cells and use the toilets at all hours of the day, and not only during the times they are allowed to be the yard, unless there is a suspicion that this will be exploited by the detainee for improper ends. It was also stated that the order would be implemented immediately.
The respondents stated that four additional toilets would be built outside the detention cells within three weeks as part of the construction work being carried out to the facility. In addition, they stated that it was decided that within three months, a urinal would be installed in each detention cell.
A supplementary statement submitted to the Court by PCATI, stated that a visit to the detention facility by Attorney Iyad Misk, which took place approximately one month after the State’s response was filed, revealed that the situation of the toilet facilities remained unchanged and has even deteriorated. The persons responsible for the facility continued to limit the access of detainees to the toilet to the times they are permitted to be out in the yard and have continue distributing plastic bottles to the detainees. In addition, the State has not kept up with the schedule it set regarding the building of additional toilet facilities.
The Public Committee Against Torture in Israel is of the opinion that there is an immediate need to improve the conditions of detention at the “Shomron” facility in order to overcome a serious and continuing violation of the basic rights of detainees that is in violation of both Israeli and international law.
