Hearing scheduled for Wednesday morning

State admits some Sde Teiman detainees kept in permanent restraints, blindfolds

Responding to a human rights petition to the High Court, officials say restraints used for security purposes, insists facility run in accordance with the law

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

Hamas terrorists who were caught during the October 7th massacre and during the IDF operation in the Gaza Strip, seen at a courtyard in a prison in southern Israel, February 14, 2024. (Chaim Goldberg/Flash90)
Hamas terrorists who were caught during the October 7th massacre and during the IDF operation in the Gaza Strip, seen at a courtyard in a prison in southern Israel, February 14, 2024. (Chaim Goldberg/Flash90)

The state has acknowledged that some Palestinian terrorist detainees have been kept restrained and blindfolded for long periods of time in the now-notorious Sde Teiman detention facility, but insisted that such treatment lawful due to the security needs of prison staff.

Responding to a petition to the High Court of Justice demanding that Sde Teiman be shut down, the state did not address the numerous reports of severe abuse against detainees in the facility, saying merely that any evidence or reports of abuse were being investigated properly.

The state insisted, however, that the conditions at Sde Teiman were in accordance with the law, and that the construction of new facilities at the site would enable the further improvement of conditions.

The state’s submission was its response to a petition by the Association for Civil Rights in Israel (ACRI) and other human rights groups requesting that the court order the government to shutter Sde Teiman due to alleged severe human rights abuses against Palestinian terror suspects held at the facility.

A hearing on the petition is scheduled for Wednesday morning.

ACRI denounced the state’s response, saying that it had admitted to some of the alleged abuses made about Sde Teiman and that the facility was “a hell in which human rights are systematically violated and in which terrible crimes are committed.”

This undated photo taken in the winter 2023 and provided by Breaking the Silence, a whistleblower group of former Israeli soldiers, shows blindfolded Palestinians captured in the Gaza Strip in a detention facility on the Sde Teiman military base in southern Israel. (Breaking The Silence via AP)

The Military Advocate General’s office has said it is investigating several dozen cases connected to Sde Teiman, including the deaths of inmates, and an indictment was issued against one reservist soldier last week for allegedly beating detainees.

Another 10 soldiers were arrested last week on suspicion of aggravated sodomy and other abuses against an inmate, although five of them have now been released from custody.

The court ruled late Tuesday that the other five must remain in custody until Sunday at least.

Several media outlets, including CNN and The New York Times, have reported on widespread abuse of detainees at Sde Teiman, including extreme use of physical restraints, amputations due to prolonged use of handcuffs, beatings, and neglect of medical problems.

Furthermore, the UN issued a report last week alleging that electric shocks, waterboarding, burning with cigarettes, the use of stress positions against detainees, prolonged blindfolding, prolonged deprivation of food and water, and sleep deprivation have been employed against detainees.

Responding to the petition, the state said that Sde Teiman had originally been set up as a preliminary processing facility for detainees caught in Gaza during the war that broke out after the October 7 attack committed by Hamas.

Due to the high number of Palestinian suspects caught during the war and overcrowding in other detention facilities, Sde Teiman was used to incarcerate many detainees who were deemed to be highly dangerous.

According to the state’s response, some 4,500 Palestinians have been detained as unlawful combatants under the 2002 Law for Unlawful Combatants since the beginning of the war, while 14,500 Palestinians, including unlawful combatants, have been detained under other security laws since October 7.

Only unlawful combatants are kept in Sde Teiman, the state said.

It noted that there are currently just 28 detainees at Sde Teiman, and that the government has committed to returning the facility to its original purpose of serving as a preliminary absorption and processing detention center for unlawful combatants before they are transferred to permanent facilities.

Supreme Court Acting President Uzi Vogelman at a hearing of the High Court of Justice for a petition asking the court to order the state to close the detention facility at the Sde Teiman Military Base, June 5, 2024. (Yonatan Sindel/Flash90)

The state also said that a new wing of Sde Teiman would be opened next month, which would further improve conditions and obviate the need for a court order to close the detention center.

The state acknowledged that all new detainees who arrive at Sde Teiman are handcuffed and blindfolded all day long, and in exceptional cases are held with ankle restraints as well, for the first four days of their detention.

A decision is made within those first few days on whether to keep the detainee handcuffed and blindfolded.

Detainees who have not yet been interrogated are also instructed not to speak to others and must sit in the detention center all day, although they are not told how to sit.

The state said these restraints and restrictions are part of the security requirement due to the dangerous nature of the detainees and the needs of investigators who question the suspects.

It also said that those in long-term restraints receive two hours a day without them and that even with the restraints, they are able to eat, go to the toilet, and perform other functions.

The state also said that the restraints are checked daily to ensure that they are not hurting or injuring the detainees.

It added that only two of the 28 detainees are currently being held in long-term restraints, and acknowledged that the number of detainees fluctuates due to the ongoing IDF operations in Gaza.

The state also insisted that an oversight mechanism for the facility has now been approved by the Knesset, and is currently being established to enable effective monitoring of Sde Teiman around the clock.

ACRI rejected the state’s description of Sde Teiman in its response and said the state had repeatedly evaded the accusations made in relation to the facility.

“The death of prisoners, amputation, violence and abuse — all these are absent from the state’s response, even though an investigation is currently being conducted. It is possible that the government thinks that the judges of the High Court are stupid and naive. We do not think this is the case,” ACRI said.

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