Israel also linked its aerial bombing of Gaza’s sole electricity power station on June 28, 2006, to Shalit’s capture two days earlier and later prevented full repairs to the station, limiting its potential capacity to 80 megawatts instead of the 140 megawatts of electricity it was designed to produce. Because of the blockade, the power station depends on fuel shipments from Israel, which the Palestinian Authority pays for with international financial support. But the Israeli government has limited fuel shipments below levels required to meet the station’s diminished capacity. The power station’s reduced capacity has caused Gaza residents to experience an average of eight hours of blackouts each day.
The Israel Prison Service published the names of the 477 Palestinian prisoners to be freed for public comment and objections on October 16, 48 hours prior to their release. According to the Prison Service, 162 prisoners from the West Bank will be sent to Gaza and 40 will be deported abroad, and barred from returning to their homes. Article 49 of the Fourth Geneva Convention prohibits individual or mass forcible transfers or deportations from occupied territory to any other country, “regardless of their motive.”
Israeli media reported that many of those being released have been convicted of attacks on civilians and have served only a fraction of their sentence.Around 280 of the prisoners are currently serving life sentences. Insofar as commutations reduce sentences below an appropriate level for the severity of the crime in question, it would effectively amount to immunity for serious violations of international human rights or humanitarian law and violate the duty to prosecute serious international crimes.
Human Rights Watch said that Hamas should stop blocking access to Palestinian detainees by the Independent Commission for Human Rights, the official Palestinian human rights ombudsman. Hamas has blocked the ombudsman from detention centers operated by the internal security service for three years, and from Gaza’s central prison since December 2010. In September 2011, the ombudsman documented six allegations of torture in Hamas custody. Human Rights Watch has documentedtorture by Hamas internal security officials as well as by Hamas police detectives and anti-narcotics agencies.
Israel has refused to allow Gaza residents to visit relatives in prisons inside Israel since June 2007, after Hamas took over the Gaza Strip. According to the International Committee of the Red Cross, which operated buses for families to visit prisoners, “over 700 families from Gaza have been prevented from seeing their detained relatives.” With the exception of some businessmen and medical patients, Israel bars nearly all Gaza residents from entering Israel or traveling to the West Bank, in violation of its obligations under international law to permit family visits to prisoners.
As of August 31, 5,204 Palestinians were in Israeli prisons, according to the Israel Prisons Service. Of the total, 272 were in administrative detention without charge. Hundreds of Palestinian prisoners are currently on hunger strike to protest Israel’s prolonged solitary confinement of some prisoners, shackling during family visits, and other measures.