Palestinian Prisoners and Released Prisoners’ Salaries and Benefits from a Legal and Human Rights Perspective
Held in partnership with Konrad Adenauer Stiftung Palestinian Territories, the presentation was made by Mr. Jamil Sarhan, Director of Gaza Regional Office of the Independent Commission for Human Rights (ICHR). In her opening statement, Ms. Lina al-Tounisi, Coordinator of the IoL Gaza Office, welcomed the speaker and audience.
Sarhan made a briefing note about the Law on Prisoners and Released Prisoners No. 19 of 2004. As a legally prescribed natural right, salaries and benefits are a normal consequence of the struggle the prisoners have waged. Article 2 of the Law provides that “[p]risoners and released prisoners are a group of strugglers, who are an integral part of the fabric of the Arab Palestinian society. The provisions of this Law shall safeguard a decent standard of living for them and for their families.” The Law provides financial benefits and health insurance for prisoners and released prisoners. Strugglers are subject to detention and harassments. In detention, prisoner rights are gravely violated. Prisoners are subjected to various torture techniques applied by the Israeli occupying authorities. They are also brought before military courts, which render sentences that violate human rights, including the rights to health, education and healthy and safe food. As a minimum, prisoners should, therefore, have benefits and salaries to ensure a decent standard of living for them and for their families. Like other citizens, released prisoners should have jobs and salaries.
Recently, the Palestinian National Authority made a decision to cut salaries of 278 prisoners, violating the law and gravely infringing on prisoner rights. Salary cuts are not a new policy. Since the internal Palestinian political divide of 2007, this policy has been applied as a result of disputes between political rivals. Article 6 of the Law provides that a released prisoner’s grade is determined by the number of years they served in prison as well as their academic certificates. Accordingly, a prisoner’s salary is set for civil and military posts.
In the ensuing discussion, the audience asked about the legal action to be implemented in this case. Is there a legal violation? What judicial body needs to be addressed? What action is proposed to avoid the crisis caused by the decision on salary cuts? Mr. Sarhan stated that a solution would be to resort to the administrative court according to Article 34 of the Law on the Formation of Courts. Common grounds between political rivals need to be established and the internal divide has to come to an end.
