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Israeli Use of Painful Shackling As A Form of Torture

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One case involved a shackled young man who was unconscious after Israelis lynched him. Police refused to unfasten his handcuffs in the hospital even though they impeded treatment. Another case involved a hospitalized woman shackled on her way for major surgery, then again painfully after completion.


After being shot, Mohammed Ashkar was hospitalized unconscious and placed in intensive care with a ventilator attached to his mouth. Yet his hands were cuffed to the bed, and his legs cuffed together. At all times, four guards watched him. Ashkar subsequently died from his wounds, still painfully shackled. PACTI called his case "an appalling example of inhumanity" and a shocking breach of medical ethics for hospital staff to permit this.


The December 1982 UN Declaration on the Principles of Medical Ethics clearly states that:


-- "Health personnel, particularly physicians, charged with the medical care of prisoners and detainees have a duty to provide them with protection of their physical and mental health and treatment of disease of the same quality and standard as is afforded to those who are not imprisoned or detained."


The Declaration also prohibits actively or passively participating in "torture or other cruel, inhuman or degrading treatement or punishment (and) assist(ing) in the interrogation of prisoners or detainees in a manner that may adversely affect (their) physical or mental health or condition...."


In response to PACTI's complaint about Ashkar's treatment, IPS Attorney Tal Argaman on prisoners' affairs said his shackling properly complied with "confidential" procedures he wasn't at liberty to disclose. PACTI nonetheless submitted a request in accordance with the Freedom of Information Law, 5758-1998, but was denied on grounds of confidentiality.


At a subsequent meeting (attended by Physicians for Human Rights representatives) with police, the IPS, Deputy Attorney general (Criminal), Ministry of Internal Security and Ministry of Health, PACTI learned that "IPS security prisoners are considered dangerous and are automatically shackled" while hospitalized, even if on life support. The meeting ended inconclusively.


On July 31, 2008, another meeting was held with the same attendees as earlier. As a result, the IPS published IPS Commission Order No. 04.15.01 concerning "the shackling of a prisoner in a public place." For the first time, it distinguished between levels of danger for prisoners and detainees as follows:


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