While applying Israeli civil law to settlers, Israeli authorities govern West Bank Palestinians, excluding Jerusalem residents, under harsh military law. In so doing, they deny them basic due process and try them in military courts with a near-100 percent conviction rate. As of October 1, Israel held 4, 460 Palestinians in custody for “security” offenses, including 200 children, many for throwing stones, and 492 in administrative detention without formal charges or trial and based on secret evidence, according to figures by the Israeli human rights group HaMoked and Palestinian prisoner rights group Adameer.
The Palestinian Authority (PA) manages affairs in parts of the West Bank, where it systematically arrests arbitrarily and tortures dissidents. In April, the PA postponed planned parliamentary and presidential elections, which would have been the first in 15 years. In June, PA critic Nizar al-Banat died in custody shortly after PA forces arrested and beat him outside a relative’s home. The PA violently dispersed popular protests and rounded up scores of Palestinians demanding justice for al-Banat’s death.
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Hamas authorities provided no information about two Israeli civilians with psychosocial disabilities, Avera Mangistu and Hisham al-Sayed, whom they have apparently held in violation of international law for more than six years after they entered Gaza. Hamas authorities detained opponents and critics for their peaceful expression and tortured some in their custody.
The Palestinian statutory watchdog, the Independent Commission for Human Rights (ICHR), received 75 complaints of arbitrary arrests and 72 of torture and ill-treatment against Hamas authorities between January and September 2020. Since they took control in Gaza in June 2007, Hamas authorities carried out 28 executions following trials marred with due process violations, but none during the first nine months of 2021.
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Israeli authorities tightened the closure amid the Covid-19 pandemic. During the first nine months of 2021, an average of 86 Palestinians in Gaza exited via Erez each day, just 17 percent of the daily average of 500 in 2019 and less than 1 percent the daily average of more than 24, 000 before the beginning of the Second Intifada or Palestinian uprising in September 2000, according to the Israeli rights group Gisha.
Israel incarcerates many Palestinians from the OPT inside Israel, complicating family visits and violating international humanitarian law’s prohibition against their transfer outside occupied territory. In September, six Palestinian prisoners from the OPT escaped from an Israeli prison in northern Israel. In response, Israeli authorities temporarily cancelled family visits to all detainees. Lawyers for several of the men said the escaped prisoners were tortured upon their rearrest. More than 1, 300 complaints of torture, including of painful shackling, sleep deprivation and exposure to extreme temperatures, have been filed with Israel’s Justice Ministry since 2001, resulting in two criminal investigations and no indictments, according to the Israeli rights group Public Committee Against Torture.
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