PHM-Exch> URGENT APPEAL: A Palestinian Detainee on 52nd day of hunger strike denied examination by an independent (PHR Israel's) doctor

[Claudio Schuftan]

---------- Forwarded message ----------
From: Hadas Ziv <hadas at phr.org.il>
Date: Mon, Feb 6, 2012 at 5:28 AM
Subject: URGENT APPEAL: A Detainee on 52nd day of hunger strike denied
examination by an independent (PHR Israel's) doctor
To: Hadas Ziv <hadas at phr.org.il>
Cc: Amany Dayif <AmanyDayif at phr.org.il>


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Dear Friends,****

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Please read this urgent appeal. Feel free to distribute or write for
further details.****

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Best, ****

Hadas Ziv****

Public Outreach****

PHR ****Israel********

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[image: Physicians for Human Rights Israel] <http://www.phr.org.il>****

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* URGENT APPEAL: A Detainee on 52nd day of a hunger strike denied
examination by an independent doctor  **
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*Today, February 6th PHR Israel appealed to the court and to the Ministry
of Health to allow the immediate and urgent medical examination of Khader
Adnan Mousa, A Palestinian Administrative Detainee, who is on his 52nd day
of hunger strike.*****


18 December 2011: Khader Adnan Mousa, 34, from 'Arabe, near Jenin, detained
by Israeli forces on 17 December, went on a hunger strike one day after his
arrest as a protest against his administrative detention and his
humiliating and cruel conditions of interrogation.

29 January 2012: PHR-Israel appealed urgently to allow one of their
physicians to see Mr. Mousa, in keeping with guidelines drawn from the
World Medical Association (WMA) Declaration of Malta of 1991, as well as
Israeli law. Mousa conditioned his referral to a hospital on being examined
by PHR-Israel's physicians. Once such a commitment was granted by the
Israel Prisons Service (IPS), two of PHR-Israel's doctors met him at the
hospital, (Assaf Ha-Rofeh, 29th Jan) examined his condition and answered
his questions regarding the current and predicted effects of his hunger
strike. He decided to continue his hunger strike. Since that examination
Mr. Mousa has conditioned further treatment on examination and follow-up by
PHR-Israel's doctors. He clearly stated to his attorneys that he wishes to
be examined and consulted by PHR Israel's doctors and will make his
decisions according to their assessment of his condition. However, this
request was not respected. Instead of ensuring Mr. Mousa's rights, the IPS
has transferred him from one hospital to another – 5 medical institutions
in 8 days – in what seems to be a non-medical, unethical manner. As a
consequence, he is refusing to be treated by IPS doctors or by doctors in
the several hospitals he has been referred to since*[1]*.

Mr. Mousa was referred on February 6th to Ziv hospital in Safed and is
currently hospitalized there. He has not been allowed to see independent
doctors since the last visit by PHR-Israel's physicians.
With no examination, and no doctor he can trust, PHR-Israel is very
concerned his medical condition is unclear and gives reason for grave
concern since he is now on the 52nd day of his hunger strike.
By refusing to allow an independent doctor to examine Mr. Mousa the Israeli
authorities are disregarding his precarious medical condition as well as
several international directives:

*The UN Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment, Principle 25: *"A detained or imprisoned
person or his counsel shall, subject only to reasonable conditions to
ensure security and good order in the place of detention or imprisonment,
have the right to request or petition a judicial or other authority for a
second medical examination or opinion."
http://www2.ohchr.org/english/law/bodyprinciples.htm

*The WMA emphasises the importance of confidence in hunger striker-doctor
relationships*: "Since the person's decisions regarding a hunger strike can
be momentous, ensuring full patient understanding of the medical
consequences of fasting is critical. Consistent with best practices for
informed consent in health care, the physician should ensure that the
patient understands the information conveyed by asking the patient to
repeat back what they understand."

Following the IPS refusal to allow Mr. Mousa to be seen by an independent
physician he trusts, PHR-Israel appealed to the district court to order the
IPS to allow PHR-Israel's doctor in. PHR-Israel also appealed to the
Ministry of Health who has the authority over civilian hospitals and can –
if they so wish – represent such patients' rights.

*The expected effects of a hunger-strike: *According to the World Health
medical association*[2]*, after the 42nd day of a hunger strike, it is
expected that individuals will begin to lose their hearing and vision, and
suffer bleeding in the gums, intestines, and esophagus.  The body will
gradually stop functioning.  After the 45th day, there is a high risk of
death due to vascular system collapse and/or cardiac arrest.

*PHR Israel therefore urges you to:*
a.                   Contact the appropriate Israeli authorities and
urgently request that, in accordance with Israeli prison regulations and
international guidance, Mr. Mousa be allowed to see PHR-Israel's doctors,
who are independent doctors of his choice, and to consult regularly with
them while on hunger strike.
b.                  Consider being present at Mr. Mousa's court hearings,
and requesting permission to visit him at the civilian hospital he is
currently held in.
c.       we urge you to request information regarding reports that he was
shackled in previous hospitalization despite his weakened condition. This
practice is counter to proper medical practices and ethics.

Because of our fear for Mr. Mousa's health and the urgency of the case,
please do not hesitate to contact Hadas Ziv (054-6623232) or Amany Dayif
(054-9431854) personally by phone or email at any time of day or night in
order to request further detail or update us on progress.
Our emails: hadas at phr.org.il; amany at phr.org.il


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*[1]*Medical Center IPS, Assaf Ha-Rofeh, Ma-ayanei Ha-Yeshua, Bikur Holim,
Ziv,.****

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