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An Israeli court has ordered Kamal Adwan Hospital director Dr. Hussam Abu Safiya—whose distressed mother reportedly died earlier this week—to be held without charge until February 13.
The largest professional association of U.S. pediatricians is asking the State Department to intervene on behalf of a Gaza hospital director detained by Israel, where a court on Thursday ordered an extension of his imprisonment until mid-February.
The Gaza-based Al Mezan Center for Human Rights said Friday that the Ashkelon Magistrates' Court extended the detention of Dr. Hussam Abu Safiya, a 51-year-old pediatrician who is the director of Kamal Adwan Hospital in Beit Lahia, without charges until February 13, and without access to legal counsel until January 22.
Israeli troops forcibly detained Abu Safiya on December 28 amid a prolonged siege and assault on Kamal Adwan Hospital, from which he refused to evacuate as long as patients were there. Former detainees recently released from the Sde Teiman torture prison in southern Israel said they met Abu Safiya there. According to testimonies gathered by the Geneva-based Euro-Mediterranean Human Rights Monitor, Abu Safiya was tortured before his arrival at Sde Teiman and inside the notorious lockup.
Al Mezan said that Abu Safiya's attorney believes he is now being jailed at Ofer Prison in the illegally occupied West Bank.
Palestinian media reported earlier this week that Abu Safiya's mother died of a heart attack. MedGlobal, the Ilinois-based nonprofit for which Abu Safiya works as lead Gaza physician, said she died from "severe sadness" over her son's plight.
Dr. Sue Kressley, president of the 67,000-member American Academy of Pediatrics (AAP), sent a letter Thursday to Secretary of State Antony Blinken to "seek the assistance of the U.S. government to inquire about the whereabouts and well-being" of Abu Safiya, and to voice concern "for the children who are now without access to pediatric emergency care in northern Gaza," where 15 months of relentless Israeli attacks and siege have obliterated the healthcare system.
As Common Dreams has reported, children in northern Gaza are being killed not only by Israeli bombs and bullets, but also by exposure to cold weather after Israeli troops forcibly expelled their families from homes and other places of shelter while "cleansing" the area.
Kressley's letter asks Blinken to explain what the Biden administration is doing to determine Abu Safiya's whereabouts and why he is being held, what condition he is in, a status report on northern Gaza's hospitals and their capacity for care, and what the U.S. is doing to "improve access to pediatric care in Gaza."
On Friday, the Council on American Islamic-Relations (CAIR) welcomed the AAP letter in a statement asserting that "Secretary Blinken could pick up the phone and demand" that Israeli Prime Minister Benjamin Netanyahu—who is wanted by the International Criminal Court for alleged crimes against humanity and war crimes in Gaza—"release Dr. Abu Safiya and all those illegally detained and facing torture and abuse at the hands of Israeli forces."
"The Biden administration's silence on the kidnapping of Dr. Abu Safiya, and on the torture and mistreatment of Palestinian detainees by Israeli forces, sends the message that Palestinian, Arab, and Muslim lives and dignity are of no consequence to U.S. officials," CAIR added.
In the United Kingdom, the charity Medical Aid for Palestinians (MAP) on Thursday demanded that the U.K. government "take urgent action to protect healthcare workers and patients and ensure the immediate release of all arbitrarily detained medical staff."
"The Israeli military has escalated their systematic targeting of Palestinian healthcare workers, with hundreds currently arbitrarily detained under inhuman conditions," MAP said. "These detentions are part of Israel's systematic dismantling of Gaza's health system, which is making Palestinian survival impossible."
MAP Gaza director Fikr Shalltoot said in a statement: "We at MAP are extremely concerned for the life and safety of Dr. Hussam Abu Safiya and all Palestinian healthcare workers detained by Israeli forces. These detentions, alongside systematic assaults on hospitals in North Gaza, have left tens of thousands of people without access to healthcare and forced them to flee southwards."
"Dr. Abu Safiya spent weeks and months sending distress calls about Israeli military attacks on Kamal Adwan Hospital, and the dangers posed to his colleagues and patients," Shalltoot added. "His warnings were met with deafening silence from the international community. It is long overdue for the U.K. and other nations to act decisively to protect Palestinians from ethnic cleansing, ensure the safety of healthcare workers, and hold Israel accountable."
Back in the U.S.—where healthcare professionals staged a nationwide "SickFromGenocide" protest earlier this week—members of medical advocacy groups including Doctors Against Genocide, Jewish Voice for Peace-Health Advisory Council, and Healthcare Workers for Palestine-Chicago who recently returned from volunteering in Gaza held a press conference Friday in Chicago demanding the release of Abu Safiya and the "protection of hospitals and healthcare workers" in the embattled enclave.
The president faces calls to "end the abhorrent U.S. practice of indefinite detention without charge or trial at Guantánamo by transferring the remaining detainees who have never been charged with crimes."
Human rights advocates on Monday praised the Biden administration's transfer of 11 Yemeni men from the United States' Guantánamo Bay military prison in Cuba to Oman for resettlement—which left just 15 detainees at the facility that opened nearly 23 years ago, during the early days of the so-called War on Terror, and is notorious for torture.
"We welcome the transfer of these 11 men to Oman by the Biden administration, as it was long overdue," said Daphne Eviatar, director of the Security With Human Rights program at Amnesty International USA, in a statement. "The U.S. government now has an obligation to ensure that the government of Oman will respect and protect their human rights."
Since taking office in 2021, President Joe Biden has failed to deliver on his promise to shutter the prison—like former President Barack Obama, who had Biden as his vice president. Between the Democrats, Republican former President Donald Trump, who wants to keep the facility open, served a term; he is set to return to the White House in two weeks.
Eviatar said that "we commend President Biden for taking this step before he leaves office and urge him to finally end the abhorrent U.S. practice of indefinite detention without charge or trial at Guantánamo by transferring the remaining detainees who have never been charged with crimes. This would be a tremendous achievement of his presidency."
The Center for Constitutional Rights (CCR)—which represents 51-year-old Sharqawi Al Hajj, one of the men flown to Oman—also welcomed the progress on Monday but called on the president to go even further while he remains in power.
"It is remarkable that the prison population at Guantánamo is down to 15 people," said CCR senior staff attorney Pardiss Kebriaei. "We urge the administration to press forward in transferring the remaining uncharged men, including Center for Constitutional Rights client Guleed Hassan Duran, allow resolution of the remaining charged cases through mutually acceptable pleas, and stand down in opposing habeas cases for anyone who is uncharged but will be left at Guantánamo."
Kebriaei represents Al Hajj, who "endured physical and psychological coercion" at Central Intelligence Agency sites before arriving at Guantánamo, where "he waged prolonged hunger strikes to protest his indefinite detention," and "attempted to hurt himself multiple times in moments of desperation," according to CCR. He was never charged with a crime.
"Our thoughts are with Mr. Al Hajj as he transitions to the free world after almost 23 years in captivity. His release is hopeful for him and for us," said Kebriaei. "We are grateful to Oman and to the individuals in the administration who made this transfer happen, and to the many people over the years whose work and advocacy paved the way for this moment."
The Pentagon said that the other 10 men are: Uthman Abd al-Rahim Muhammad Uthman, Moath Hamza Ahmed al-Alwi, Khalid Ahmed Qassim, Suhayl Abdul Anam al Sharabi, Hani Saleh Rashid Abdullah, Tawfiq Nasir Awad Al-Bihani, Omar Mohammed Ali al-Rammah, Sanad Ali Yislam Al Kazimi, Hassan Muhammad Ali Bib Attash, and Abd Al-Salam Al-Hilah.
The Pentagon also noted in its Monday statement that of the 15 remaining detainees, "three are eligible for transfer; three are eligible for a periodic review board; seven are involved in the military commissions process; and two detainees have been convicted and sentenced by military commissions."
As NPRreported:
Monday's transfers were originally scheduled to happen in October 2023, but were halted at the last minute due to concerns in Congress about instability in the Middle East following the Hamas attack on Israel.
That the plan was resurrected during President Biden's final two weeks in office signals a last-ditch effort by his administration to shrink Guantánamo's prisoner population and get closer to his goal of trying to close the facility. In recent weeks, the U.S. has transferred four other Guantánamo inmates—a Kenyan, a Tunisian, and two Malaysians—and is preparing for the transfer of at least one more, an Iraqi.
The repatriation of the Tunisian man, 59-year-old Ridah bin Saleh al-Yazidi, last week came on the same day that a Pentagon appeals panel upheld plea deals for Khalid Sheikh Mohammed, Walid bin Attash, and Mustafa al-Hawsawi, who were imprisoned at Guantánamo after allegedly plotting the September 11, 2001 terrorist attacks and agreed to spend the rest of their lives in prison to avoid execution.
Despite the Biden administration's progress, global vigils planned for Saturday "will, of course, be proceeding as planned, because 15 men are still held," according to journalist and Close Guantánamo co-founder Andy Worthington.
"This coming week—which includes the 23rd anniversary of the prison's opening, on Saturday, January 11—is a crucial time for highlighting the need for urgent action from the Biden administration," Worthington said, "in the last few weeks before Donald Trump once more occupies the White House, bringing with him, no doubt, a profound antipathy towards any of the men still held, and a hunger for sealing the prison shut as he did during his first term in office."
The move came as the Biden administration faced pressure to clear the notorious military prison of all uncharged detainees before Donald Trump takes office.
The Biden administration announced late Monday that it transferred a Tunisian man who was never charged with a crime out of the notorious Guantánamo Bay military prison in Cuba, a move that came more than a decade after the detainee was approved for release.
The man, 59-year-old Ridah bin Saleh al-Yazidi, had been held at Guantánamo since the day former U.S. President George W. Bush opened the prison camp in 2002. The Pentagon said in a statement Monday that al-Yazidi has been repatriated to the government of Tunisia.
With al-Yazidi's transfer, there are now 26 detainees remaining at Guantánamo, the majority of whom have never been charged with a crime and have been approved for release from the prison, which United Nations experts have said is "defined by the systematic use of torture and other cruel, inhuman, or degrading treatment." More detainees have died at Guantánamo than have been convicted of a crime, according to the human rights group Reprieve.
The Biden administration said in 2021 that it intended to shutter the prison, and critics have accused the administration of "a lack of courage" as it has dragged its feet on the matter.
But human rights campaigners have welcomed recent progress. Al-Yazidi was the fourth Guantánamo detainee in two weeks to be transferred from the prison by the Biden administration, which has faced growing pressure to clear the camp of the remaining uncharged men before U.S. President-elect Donald Trump takes power next month.
"Fifteen men remain who have never been charged with any crimes and have long been cleared by U.S. security agencies to leave Guantánamo, some for more than a decade," Daphne Eviatar, director of the Security With Human Rights program at Amnesty International USA, said in a statement earlier this month after the Biden administration announced the transfer of three never-charged men out of the prison camp.
"President Biden must transfer these men before he leaves office, or he will continue to bear responsibility for the abhorrent practice of indefinite detention without charge or trial by the U.S. government," said Eviatar. "It has been 23 years; President Biden can, and must, put an end to this now."
The transfer was announced on the same day that a Pentagon appeals panel "upheld a military judge's finding that the plea deals in the September 11 case are valid, clearing the way at least for now for a guilty plea hearing next week with the accused mastermind of the attack, Khalid Shaikh Mohammed," The New York Timesreported Monday. Mohammed is among the Guantánamo detainees who have been charged with a crime by a military commission.
"Col. Matthew N. McCall, the judge in the case, had ruled that Defense Secretary Lloyd J. Austin III acted too late and beyond the scope of his authority when he rescinded the three deals on August 2, two days after a senior Pentagon appointee had signed them," the Times reported. "Under the pretrial agreements, or PTAs, Mr. Mohammed and two co-defendants agreed to plead guilty to war crimes charges in exchange for life prison sentences rather than face a death-penalty trial."