T’ruah: The Rabbinic Call for Human Rights today praised the Israeli Supreme Court for reversing a lower court decision that rejected releasing an African asylum seeker who was a Sinai torture camp survivor, from the Saharonim Prison.
“This is an important step in recognizing and protecting the rights of torture victims, seeking asylum in Israel,” said Rabbi Jill Jacobs, T’ruah’s Executive Director. “Asylum seekers who are torture survivors, have already endured immense suffering. Jailing them indefinitely further harms their physical and mental well being. We commend the high court’s decision, which echoes the Jewish imperative to respect and protect the human rights of all people.”
The Hotline for Migrant Workers filed the appeal to the Supreme Court after a lower court judge ruled that severe torture cannot be considered as an “exceptional humanitarian reason” for release under the “Anti-Infiltration Law.” According to the group:
The Supreme Court stated that each case of an asylum seeker asking for release due to torture they underwent in Sinai needs to be examined based on its on merit and that it is possible that jailing people who are survivors of torture could harm their physical and mental health, and therefore their release could meet the definition of an ‘exceptional humanitarian’ case under the Anti-Infiltration Law.
“While this ruling on asylum seekers is an important recognition by the Israeli Supreme Court,” said Rabbi Jacobs, “it is now important for the administrative tribunal at the Saharonim Prison to provide the opportunities for the nearly 200 other survivors of torture to plead their cases, so they can potentially be freed under this ruling of ‘exceptional humanitarian’ releases.”
The government of Israel lacks a clear or consistent policy dealing with migrants entering Israel entitled to refugee status or temporary protection. There are currently approximately 55,000 African asylum seekers within Israel. Ninety-one percent of these migrants come from Eritrea and Sudan. Because of the dangerous situations in their home countries, Eritreans and Sudanese foreign nationals are not being deported if they manage to enter Israel. Since June 2012, all African asylum seekers found entering into Israel have been automatically incarcerated for a minimum of three years without trial. Detainees include those previously trafficked, raped, and tortured in the Egyptian Sinai. Israel is not responsible for abuse suffered prior to entry, but nevertheless has obligations as to how it treats these people once they arrive. Last week, the U.S. State Department’s “Country Reports on Human Rights Practices for 2012” revealed that societal discrimination against asylum seekers is one of Israel’s most significant human rights problems.
T’ruah believes the 55,000 African asylum seekers in Israel, a country of 7.9 million, do not threaten the Jewish character of the state. A far greater threat to the Jewish character of the state is the proliferation of xenophobic rhetoric and violence against Africans in Israel, and a failure to follow the Jewish imperative to protect and care for the gerim – the landless sojourners who seek refuge among us per the biblical command, “You shall not wrong a stranger; neither shall you oppress him; for you were strangers in the land of Egypt.” (Exodus 22:21)
The Israeli Supreme Court ruling is a positive step forward for those seeking protection from extreme persecution in their home countries. T’ruah hopes this is a tipping point in returning Israel to its historic role as a place of refuge.