Israel court hears bid to close prison where soldiers are accused of sexually assaulting Palestinian

JERUSALEM: The Israeli Supreme Court considered a petition Wednesday to shutter a desert military prison where soldiers have been accused of abusing Palestinians, as a new video emerged purporting to show the sexual assault of a Palestinian detainee.

Rights groups have been engaged in a legal battle since June to shut down the detention facility, known as Sde Teiman, where Israel has held many Palestinians detained in Gaza during the 10-month war with Hamas. The groups claim that conditions at the facility are grave and that abuse by Israeli soldiers is common, basing their claims on testimony from released detainees and Israeli whistleblowers.

Calls for the prison's closure ramped up in late July, when Israeli military police arrested 10 soldiers from Sde Teiman on suspicion of their involvement in the alleged sexual assault of a Palestinian detainee at the facility. Five of the soldiers are no longer under investigation. A physician who identified himself as the person who reported the attack said last week that the detainee appeared to have been seriously sexually abused.

The soldiers’ detention triggered angry protests by supporters, and at least two government ministers demanded their release. The response underscored tensions between the military command and hard-line nationalists in Prime Minister Benjamin Netanyahu’s government who advocate even harsher treatment of Palestinians detained from Gaza.

Defense lawyer Nati Rom told The Associated Press that the soldiers were arrested about a month after the alleged attack and are accused of performing acts of sodomy on the detainee. He said the soldiers used force to defend themselves against a detainee who attacked them during a search, but did not sexually abuse him.

A video purporting to reveal the assault shows a group of masked soldiers wresting a detainee from the ground, where he and other Palestinians appear to be lying face down in a fenced-in pen, their arms cuffed above their heads. The soldiers take the detainee to an area of the pen they appear to cordon off using shields. Footage then shows about eight soldiers and a dog with the detainee, largely hidden from view by shields held up by some of the soldiers. Israel’s Channel 12 news, which broadcast the video, said it captures the moment of the attack.

Two soldiers who formerly worked at the facility and requested anonymity for fear of retribution told the AP they believed the video had been taken at Sde Teiman. The room in which the detainees appear, a corral topped by barbed wire, matches photos of the facility shared with the AP and the description of incarceration conditions that whistleblowers have previously described.

Military prosecutors stated that evidence brought forth in the case indicates "a reasonable suspicion of the commission of the acts," the Israeli military said Tuesday. The military did not comment on the video.

U.S. officials have seen the video, State Department spokesperson Matthew Miller said Wednesday. He called the reports of sexual abuse “horrific."

“Prisoners’ human rights need to be respected in all cases and when there are alleged violations, the government of Israel needs to take steps to investigate those who are alleged to have committed abuses and, if appropriate, hold them accountable,” Miller said.

Meanwhile, more information about the case has come to light from a doctor who treated the detainee in question.

Dr. Yoel Donchin, an Israeli anesthesiologist at the field hospital for Palestinian detainees at Sde Teiman, came forward Friday as the person who reported the case to the military authorities.

In an interview with Israeli public broadcaster Kan, Donchin said the detainee's life was in danger and that he was in need of emergency surgery after the attack.

During the interview, Donchin confirmed information attributed to an unidentified medical official who said the detainee had fractured ribs, showed signs of beating and bore evidence of being sodomized, leading to a tear in the lower part of the intestines.

Donchin said the detainee's case was the most extreme he had witnessed since working at the facility.

Naji Abbas, a case manager with Physicians for Human Rights-Israel, said the detainee was transferred to a civilian hospital outside Sde Teiman about a month ago because his injuries were too severe for treatment at the military facility. Abbas received his information from a medical source with knowledge of the case.

In a written submission to the Israeli Supreme Court in advance of Wednesday's hearing, state attorneys did not mention the military's sexual assault investigation, but insisted the rights groups' claims of deplorable conditions were inaccurate.

The Israeli organization arguing in court for the military prison's closure, the Association for Civil Rights in Israel, had alleged that detainees at the facility are punished with severe violence, including with attack dogs and sexual assault; made to sit on the ground blindfolded and handcuffed 24 hours a day; forbidden from moving or speaking and rarely shower or change clothes.

An investigation by the AP into the facility documented how detainees are blindfolded, handcuffed and diapered during medical treatment.

The state, in a written response, said detainees were given sufficient food and water, showered regularly, accessed medical treatment as needed, and were blindfolded and handcuffed because of concerns that they could harm staff. The state said a new wing of Sde Teiman set to open Sept. 5 would improve conditions, including adding a walking area for detainees. Additional improvements are expected to be made later this year, it said.

Following Wednesday's hearing, the court gave the state a week and a half to provide more information about conditions at the prison.

Sde Teiman was the main military prison holding Palestinians captured in large-scale raids on the Gaza Strip. Israel began moving detainees out of the facility following the rights groups’ petition to shut it down. State filings show 28 detainees remain.

Under Israeli law, Palestinians from Gaza can be held at the facility, and other military detention camps, without a detention order, trial or charge for over a month. Many Palestinian detainees have spent weeks in the facility before being released back to Gaza after Israeli authorities deemed them unaffiliated with militant groups.