Gov’t Pledges to Supreme Court to Release Withheld Palestinian Dead

Representatives of the government announced last week Israel’s intention to release “within a short period of time” the bodies of Palestinians that it has been withholding from families so that they can bury their dead. The announcement came during an Israeli Supreme Court hearing held on petitions submitted by  Human Rights organizations Adalah and Addameer to demand that Israel immediately release the bodies of Palestinians from East Jerusalem killed by its security forces that have been withheld, often for months, by the police. Adalah Attorneys Suhad Bishara and Nadeem Shehadeh and Addameer Attorney Muhammad Mahmoud represent the bereaved families.

Attorney Suhad Bishara speaking to journalists after last week’s hearing at the Supreme Court (Photo: Adalah)

Attorney Suhad Bishara speaking to journalists after last week’s hearing at the Supreme Court (Photo: Adalah)

During the hearing and following the human rights organizations’ request, the state attorneys and the judges noted that the approach of the holy month of Ramadan should be taken into consideration and stated that attempts would be made to release the bodies beforehand. The bodies have not yet been released to the families, despite previous agreements signed by the state and the families. The Supreme Court urged the state to release the bodies to the families with whom it has agreements, however, it did not impose a timetable on the state for releasing the bodies. 

Commenting on the commitment made by the state, the petitioners described it as, “a positive announcement that we hope will be put into effect within the shortest possible time frame. At the same time, however, our experience thus far has shown that Israel has repeatedly stalled and evaded its obligations and responsibilities. Therefore, the legal team will closely follow the steps taken by the Israeli authorities over the coming days and weeks, and the option of reverting to the court remains open to us.”

In their petition, Adalah and Addameer argued that the withholding of the bodies was a purely political move with no basis in law, and involved a blatant violation of the human and civil rights of the deceased and their families. “All human beings have the right to a prompt, decent, and dignified burial as an integral part of the right to human dignity, which also applies after death.” The petitioners stressed that, “No law authorizes the police to hold bodies in circumstances such as these. It is no coincidence that the police made no mention in their response to the court of any legislation empowering them to withhold the bodies.”

Related: http://www.adalah.org/en/content/view/8690