The Letter (H)On 17 January 2006, Adalah sent a letter to the head of the Israel Prison Service (IPS), Yaakov Ganot, demanding that he uphold and guarantee the rights of prisoners during their transportation in IPS vehicles, known as “Postas.”
Several prisoners have recently approached Adalah complaining of the humiliating conditions to which they are subjected during transportation from one prison to another or from prison to court: during transportation outside of prison facilities, which can last for up to 12 consecutive hours, prisoners are made to sit inside prison vehicles without being allowed to eat or use a toilet.
In the letter, Adalah Attorney Abeer Baker argued that it is the duty of the IPS to uphold the safety, dignity and health of all prisoners in its custody whether inside or outside of a prison building.
Regarding food, according to the Prison Regulations (Regulation No. 3.10.03), a prisoner has the right to three full meals a day. There is no legal directive to relieve a prison of its duty to provide food regularly to prisoners because they are outside the prison traveling to another location, and especially not during successive long hours of transportation. In addition, international standards on the treatment of prisoners stipulate the provision of prisoners with adequate food at appropriate intervals as a basic duty of prison authorities.
Regarding the issue of preventing a prisoner from using toilet facilities for long periods of time while in transit, Adalah argued that this practice constitutes a serious affront and grave injury to an individual’s dignity and could cause damage to his or her health.
Adalah emphasized that the harsh treatment of prisoners while in transit to courts acts to obstruct their right of access to the courts. Moreover, because of the humiliating conditions prisoners face during transportation from prison, many prisoners now prefer not to submit petitions to the courts in order to seek improvements in the conditions of their detention from fear of what may happen to them on their journey to court. This situation represents a violation of the constitutional right of prisoners to access the courts, which has been acknowledged by the Supreme Court of Israel as part of the human right to dignity.
On 19 February 2006, the IPS replied to Adalah’s letter, announcing that prisoners who have been transported in prison vehicles were given a meal before their journey and an evening meal at one of the stops on the journey. The IPS further stated that prisoners will be provided with access to toilet facilities around once every hour. Adalah will follow up on the implementation of these issues and petition the courts if necessary.