The Mercury News

Israel suspends detention order

Palestinia­n inmate on hunger strike released for care

- By Miriam Berger

JERUSALEM — Israel’s Supreme Court suspended the detention order of a hunger-striking Palestinia­n prisoner Wednesday, releasing him while he receives medical care.

The decision did little to resolve a debate over Israel’s controvers­ial practice of holding suspects without charge, or a new law permitting force feeding of hunger strikers. The case of Mohammed Allan, who has been on a hunger strike for 65 days, had appeared set to be the first test of the law before he fell unconsciou­s last Friday.

After a long day of deliberati­ons, the Supreme Court announced late Wednesday that Allan, who doctors said has suffered brain damage, would remain hospitaliz­ed, but that his shackles would be removed and his family can visit him. It also said his “administra­tive detention” is suspended. But the decision did not address what would happen to Allan if he recovers, saying only he can petition for his release if his condition improves.

Allan went on a hunger strike to protest the policy of administra­tive detention, which allows authoritie­s to hold suspects for months without charge. Israel defends the practice as a necessary tool to stop militant attacks and arguing that revealing the charges would lay bare intelligen­ce networks and put people’s lives in danger. But rights groups say the measure violates due process and is overused.

The high-profile case took a dramatic turn earlier Wednesday after the court ordered he undergo medical tests to determine the level of brain damage and said he would be freed if it was irreversib­le.

Doctors said results of the MRI were inconclusi­ve.

Dr. Hezy Levy of Barzilai hospital in southern Israel, where Allan is being treated, said the detainee was “incoherent” and “not connecting with his surroundin­gs.”

“There is some damage in a part of the brain that was probably caused by a lack of vitamins ... and it is expressed in other systems of his body,” Levy said.

He said Allan would be administer­ed the substances his body is missing.

“I hope that it is reversible. I cannot predict right now to what extent it is reversible,” he said.

Allan is in Israeli custody for his alleged affiliatio­n with Islamic Jihad, a Palestinia­n militant group that has carried out scores of attacks on Israeli civilians and soldiers.

He denies the affiliatio­n and launched his strike to protest his being held for months without charge or trial.

Israel’s public security minister said Wednesday that releasing Allan would encourage more Palestinia­n detainees to wage hunger strikes.

Allan’s attorney, Sawsan Zaher, said Allan should be released even if the damage is not irreversib­le as it is still deep enough to prevent him from posing a threat.

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