In Palestine, house arrest constitutes a systematic practice that deeply affects the population, with special emphasis on children and political leaders.
SARA LÓPEZ MARTÍN | Legal Work Manager
Over the last decade, there has been a steady increase in the number of countries resorting to extra-judicial administrative mechanisms, imposed by government agencies or administrative authorities, to restrict individual freedoms. This is the case of Turkey, Egypt, Russia, China, Iran and Tunisia, but also of countries such as France, the United Kingdom and Israel.
Among these mechanisms, house arrest stands out, not as an alternative measure to imprisonment by a judge, but rather as a administrative sanction. Its peculiarity lies in several aspects: firstly, no legal proceedings, It is not a sentence, but simply a decision by an authority, usually without judicial control. It is then applied preventively, based on suspicions about future behaviour, and without providing basic legal safeguards, such as knowing the duration of the measure or the possibility to appeal it. Finally, these are decisions unmotivated, The absence of solid evidence to support a court's precautionary measure, which makes them de facto and often, in means of political control of dissidence.
The home, traditionally considered a safe space, is transformed into a coercive and insecure environment.
House arrest in Palestine, especially in East Jerusalem, is a systematic practice that deeply affects the Palestinian population, with a particular focus on children and political leaders. It was introduced as emergency legislation in 2015, but has been used continuously since then, particularly on minors accused of launching stones. In 2022, more than 600 Palestinian children were placed under house arrest, a measure that has not been applied to Israeli children, suggesting discriminatory application. of this policy.
The home, traditionally considered a safe space, is transformed into a coercive and insecure environment, generating severe psychosocial consequences for both children and their families. The inability to play, interact with other children or receive visits, coupled with a sense of guilt about the parents' role as custodians in enforcing the order (Rasras et al., 2023), creates a climate of stress, tension and guilt that affects family dynamics (Al-Arja, 2022; Chamiel and Walsh, 2018; Shalhoub-Kevorkian, 2021). Consequences include chronic anxiety, social isolation and academic deterioration. Eight out of ten children miss school.
In addition, administrative house arrest has also been used against political leaders selectively. In the case of Adnan Ghaith, former governor of Jerusalem, was repeatedly subjected to this measure for three years, with 28 arrests without charge or trial. formal accusation. He suffered surveillance, confiscation of communications and violent raids on his home, all of which resulted in a economic collapse and severe psychological suffering for him and his family. These measures have a structural impact on Palestinian families, generating multigenerational cycles of trauma, fear, stigmatisation and social exclusion.
International bodies have documented how this form of detention can constitute psychological torture.
Various international bodies have documented how this form of detention can constitute psychological torture, especially when it is prolonged, without judicial oversight and accompanied by constant surveillance, threats, isolation and lack of access to legal remedies and basic necessities. In the words of the UN Special Rapporteur on Torture (Juan Méndez, 2015): «Excessive use of administrative restrictions such as prolonged house arrest or control orders without charge or trial can result in cruel, inhuman or degrading treatment or punishment" (Juan Méndez, 2015). degrading”. In the same vein, the Human Rights Committee and the Committee against Torture, which has expressed concern about the increasing use of «preventive justice», which circumvents ordinary criminal procedures to grant broad powers to the police.
The practice of house arrest in Palestine, as described in the cases analysed, demonstrates that it is not a simple security measure, but a structural control mechanism that affects the most elementary human rights and can reach the legal and clinical threshold of cruel, inhuman or degrading treatment, and even torture.
When home becomes a prison: House arrest as a form of psychological torture
Torture Journal: Journal on Rehabilitaiton of Torture Victims and Prevention of Torture
