RAMALLAH, August 22, 2015 (WAFA) – The health condition of Palestinian detainee Mohammad Allan, who remains out of a coma, is in critical condition despite slight health improvement, said an attorney with the Detainees and Ex-detainees Committee.
Following his visit to Allan in Israel’s Barzilai Medical Center (BMC), the Detainees and Ex-detainees Committee’s attorney Karim ‘Ajwah said that Allan’s health condition was still critical despite slight health improvement.
Allan, who is now in intensive care in BMC, according to the attorney, was still receiving treatment in an attempt to overcome the ]extensive[ brain damage he sustained as a result of the hunger strike.
The attorney reported BMC medics as saying that it would take Allan about 10 days in order for him to start gradually eating. He also reported them as saying that Allan has to remain at the intensive care unit at this stage so that he won’t slip once again into a coma.
Allan ended his over two month hunger-strike on Thursday August 20, after the Israeli High Court suspended his administrative detention because of his poor medical condition.
The Israeli high Court decided to suspend the detention-without-trial order of Allan following a 65-day-long hunger strike because of his critical medical condition.
Two days earlier, Allan had come out of a four-day coma and, according to Amnesty International, an MRI scan on August 19 revealed extensive brain damage caused by vitamin deficiency that could leave him in critical condition.
In an urgent action appeal issued on Friday, Amnesty International reported that Allan is no longer under guard, or shackled, and that his family can visit him.
It also reported that The Israeli High Court’s decision was based on his medical condition alone – -the results of the MRI scan – and “took no account of the legality of his detention.”
The court ruled that if no improvement showed in Allan’s neurological damage, the detention order will be revoked entirely. If his health improves, it can be re-imposed, reported Amnesty International.
Before the court’s rule, Israeli military prosecution had tried to make Allan abandon his hunger strike, offering to release him if he agreed to be expelled abroad for a period of four years, a proposal that was outright rejected by Allan. At another time, they offered to release him in November when his six-month arbitrary sentence under administrative detention expires, but Allan also rejected this offer.
On Wednesday August 19, an Israeli state representative said that if his condition was “irreversible and permanent,” and rendered him unable “to resume his activities,” the ‘state’ would lift the detention order immediately, Amnesty reported.
However, if the ex-detainee improves, his detention could be re-imposed according to the court ruling.
Condemning the court’s ruling to suspend Allan’s administrative detention, Palestinian human rights organization Addameer said the court’s ruling “condones arbitrary and administrative detention used by Israeli occupation forces in violation of the Fourth Geneva Convention.”
“The court’s decision to suspend Allan’s administrative detention and not to repeal it affirms that Palestinians cannot seek justice from the Israeli judicial system. Israeli courts at all levels merely serve as an instrument to legitimize the Israeli occupation’s policies including administrative detention,” said Addameer in a press release.
It also stated that the court further failed to address the violations of the right to fair trial before an independent and impartial judiciary that administrative detainees face by military courts and their rights to procedural guarantees as stipulated under Article 75 of Additional Protocol I to the Geneva Conventions.
The human rights organization ‘holds that the Israeli High Court’s decision allowed the Israeli occupation authorities and forces to evade their responsibility for the critical health condition of Allan. On one hand the court condoned the legality of the use of administrative detention and suggested its support for its use against Palestinian political prisoners.’
“The court further approved the use of military courts and undisclosed secret material against Palestinian administrative detainees thus obstructing them of their right to a fair trial and their ability to produce an effective defense. The court on the other hand ignored the critical medical condition of Allan and the exceptionally high toll on his physical and mental health that he sacrificed to request the fundamental right of a fair trial. The court eventually decided to suspend Allan’s administrative detention thus leaving the space for the Israeli occupation forces to re-detain him once his medical condition improves.”
Allan has been detained without charge or trial since November 2014 on the basis of ‘secret evidence’ which has been withheld from him and his lawyers, thereby denying him the ability to exercise his right to challenge his detention.
In the meantime, five Palestinian detainees held in an Israeli prison, in Negev desert, have began an open-ended hunger strike in protest of their illegal dentition without charge or trial.