The Letter (H)
On 10 May 2005, Adalah sent a letter to the Head of the Israel Prisons Service (IPS) requesting the immediate provision of Arabic language programs for illiterate prisoners incarcerated in Israeli prisons. The current policy of only providing Hebrew language programs to illiterate prisoners discriminates against Arab prisoners, including Palestinians from the 1967 Occupied Palestinian Territories and Palestinian citizens of Israel, on the basis of nationality, by failing to provide them with instruction in their native language. Adalah has received several complaints from prisoners against this policy.
In the letter, Adalah Attorney Abeer Baker argued that, as Arabic is one of the official languages of the state of Israel, such discrimination is especially indefensible. Adalah further noted that, in addition to the violation of Arab prisoners' rights to equality, this policy also violates the right to education, the right to freedom of expression and the right to personal autonomy and liberty.
Adalah argued that the native language of an individual is an important part of his/her identity and a crucial communication tool. Moreover, written language skills are especially important for prisoners, as they rely on letters for much of their contact with others outside the prison.
A prisoner's ability to command his/her own language in its written form helps to strengthen the relationship between a prisoner and his/her family and community members, and allows for effective correspondence with state institutions. Adalah argued that improving communication between prisoners and their families and communities has a positive impact on prisoners’ behavior during the period of incarceration, and increases the likelihood of a prisoner’s being able to reintegrate successfully into his/her community upon release.
Adalah drew attention to the fact that the United Nations' "Standard Minimum Rules for the Treatment of Prisoners" expressly prohibit the practice followed by the IPS. Article 77 of the Rules states that, "The education of illiterates and young prisoners shall be compulsory and special attention shall be paid to it by the [prison] administration."
A similar provision exists in Israeli domestic law, under Regulation 47 of the Prison Regulations – 1978. The immediate provision of Arabic language programs for illiterate prisoners is therefore necessary to remedy the current violations of both domestic and international law.