We have been asked to refute the allegations and so-called “evidence” produced by Derek Summerfield in his never-ending campaign against Israel. Unfortunately, it is next to impossible to refute baseless allegations. The burden of proof should be on Summerfield to prove that his “facts” are true, and not on Prof Baum or the IMA to prove that they are not. I am curious to know what evidence Summerfield himself would provide to prove he is not involved in torture if we had accused him of being so.
Nonetheless, as our silence is erroneously interpreted as admission, we will address some of the points raised by Summerfield in his most recent letter to the BMJ (Response and challenge to Professor Baum: what counts as evidence? BMJ 335 (7611) 125).
The first source Summerfield brings is a quote by Amnesty International that Israeli doctors working with the security services “form part of a system in which detainees are tortured, ill-treated and humiliated in ways that place prison medical practice in conflict with medical ethics.” This statement is a blanket allegation without any proof attached. How can one hope to refute such allegations? One can show Dr Summerfield thousands of Israeli doctors whose ethical standards are above impeachment and who are no in no way involved in anything that can be construed as torture. Yet neither he, nor anyone else, has, despite repeated entreaties on our part to do so, provided us with the name of one doctor involved in torture in order that we might properly investigate the allegations.
Summerfield states that Physicians for Human Rights-Israel (PHRI) reported in 2003 that since 1992 they had been attempting to get the IMA to join their opposition to torture, but in vain. I can state with certainty that the IMA has always opposed torture, and, in addition, in the last several years, we have worked hand in hand with PHRI on various issues. In a recent three month period, ten letters went out to various officials and bodies in the army, government etc. after we received potentially problematic information from PHRI. Summerfield further claims that “Amnesty told me in the 1990s that they too had made various approaches to the IMA on this account and had always been rebuffed.” Unfortunately, no one at the IMA has any idea to what approaches he or they are referring.
Summerfield slams Prof. Baum for using the statements of Dr Blachar as evidence against his claim that the IMA is complicit in the ill-treatment of prisoners. And yet he cavalierly asserts that “Torture continues to state policy in Israel” by relying on a Btselem report (an organization that can not be called neutral in their allegiances) that cites testimonies of 73 Palestinian detainees to “confirm that almost all Palestinian detainees suffer physical and mental abuse amounting to torture.”
Summerfield continues to make unequivocal and uncorroborated statements such as “Palestinian health professionals are regularly shot dead or wounded on duty.” He also notes that health workers in ambulances are questioned and searched, people are detained at checkpoints and the security barrier has negatively affected coherence in the primary health system, statements which are likely true. Unfortunately, we are well aware of the difficult living conditions in which the Palestinian population finds itself. As long as terrorists continue to infiltrate from the Palestinian territories, the roadblocks are regrettably a security necessity. Further, ambulances and ill patients have abused the system in attempts to commit terrorist attacks, such as the 2005 case of Wafa al-Bas who took advantage of a humanitarian medical clearance granted to her by Israel to attempt a suicide bombing at Israel’s Soroka Hospital, the very hospital in which she was hospitalized for over a month early this year while doctors worked tirelessly to save her life, after she was severely burned in an accident at home.
In addition, ambulances have been used on more than occasion to transport terrorist or explosives. For instance, on March 26 2002, Ahmed Jibril, a Tanzim operative and ambulance driver for the Palestinian Red Crescent (PRC) was arrested while driving an ambulance belonging to the PRC in which were found an explosives belt and explosives under the stretcher on which lay a sick Palestinian child. Nidal Abd al Fatah Abdallah Nidal, an ambulance driver from Qalqilya employed by UNWRA, admitted to using the ambulance to transport weapons and explosives for Hammas. And Waffa Idris, a PRC employee, perpetrated the suicide bombing on Jaffa Street in Jerusalem in January 2002. She was dispatched by a PRC ambulance driver who is also a Tanzim operative, and she was assisted by another PRC employee. It is also believed she may have traveled in a PRC vehicle, and used PRC documents to go through IDF checkpoints. Unfortunately, these are not isolated incidents.
Summerfield notes that “PHRI accused the IMA of basically being an arm of the political establishment.” However, neither he nor PHRI has provided any reason or evidence to support such an absurd claim.
Unfortunately, I can not address, nor do I want to, all the usual rants made by Derek Summerfield, and his reliance on such known “politically neutral” bodies and figures such as Amnesty International, Btselem, Edward Said and Noam Chomsky to support his positions. Summerfield also takes issue with the fact that the WMA and the BMA have repeatedly refused to condemn the IMA and oppose an academic boycott against Israel. Does he feel that they, too, are an arm of the Israeli political establishment or perhaps there are unbiased, rational people who see things differently from him?
Although, we do not feel the need to defend ourselves against the likes of Dr Summerfield, we will nonetheless cite a few examples of actions taken by the IMA and Israeli doctors in an effort to alleviate the difficult situation of Palestinian civilians:
- 2,346 Palestinian children with birth defects were treated last year in Israeli hospitals (up from 1,604 in 2005), 29, 919 Palestinian patients were granted permits to undergo medical treatments in hospitals in Israel (up from 24,076 in 2005), and 1,600 Palestinian emergency patients were transferred by ambulance from the PA to hospitals in Israel (up from 800 in 2005).
- IMA has intervened in cases where a Palestinian patient was to be evicted from an Israeli hospital due to lack of funds. For example, in one instance a patient was to be evicted from a Tel Aviv hospital because no money was forthcoming from the PA; IMA chair of ethics convinced the hospital to waive the charges if money was not received from the PA.
- IMA has intervened, including petitions to the High Court of Justice, in situations where Palestinian patients, physicians or medical students encountered difficulties at Israeli checkpoints. Two examples: Joint IMA-PHR petition to HCJ regarding patients in need of life saving treatment (a settlement was reached in this case) and another regarding an entry permit for an AIDS patient (in this case, the petition was dismissed when the court found that there was a legitimate security interest in disallowing his entry).
- The IMA has called for fundsto be transferred to the PA in the form of food and medicineso that help could be given where it is truly needed, including a letter to the Minister of Health to see what the government is doing to prevent a shortage of medicine and medical supplies to the Palestinian territories.
- The IMA has, at several points in the past, attempted to meet withits Palestinian counterparts in an effort to foster mutual cooperationand better understanding, including the release of a joint statement.Almost none of these meetings have taken place, because of refusalon the Palestinian side.
- IMA has issued ethical statements regarding imprisonment in hospitals and has intervened where necessary.
- IMA attempted to assist Al-Quds University in East Jerusalem gain recognition by the Council for Higher Education.
- IMA issued a recent appeal to Israel Railways Authority regarding the unnecessary detention/discrimination by railway authorities of two Arab physicians.
- IMA established a hotline for Arab physicians wishing to complain of discrimination at airport and action taken on their behalf.
Although we are an apolitical organization, we certainly do speak out on behalf of the assurance of proper health services for the Palestinian population. I attach a sample letter (Appendix A) in this regard. Regarding Gaza in particular, I would remind you that Israel withdrew from the Gaza strip two years ago, in accordance with Palestinian wishes and at great economic and emotional expense to its own population, many of whom find themselves without jobs, homes or stability to this day. It is therefore incumbent upon the Palestinian leadership to ensure the health care services of its population there. Nonetheless, in cases where necessary health care was unavailable in either Gaza or the West Bank, Israel has frequently taken it upon itself to provide these services, often at its own expense.
Regarding the issue of torture: we will once again-hopefully for the final time- unequivocally state that we completely oppose the involvement of physicians in anything that can be construed as torture. The IMA has taken a public stand against torture in various forums, in letters to the BMJ and as a signatory to the Tokyo Declaration. I attach a sample letter (Appendix B) we have recently written on this matter to Mr. Yuval Diskin, head of the Israel Security Agency (ISA). We also recently addressed this issue in the Knesset (Israeli Parliament) where we stated our position that doctors employed by the ISA or security services and involved in the questioning of Palestinian detainees or prisoners are absolutely forbidden to take part or assist in any way in questioning that is accompanied by torture. (July 3, 2007). Finally, we have been working for the last several months to incorporate a translation (done by PHRI) of the Norwegian Medical Association/World Medical Association course on “Doctors working in prisons: human rights and ethical dilemmas”; this course was recently made available to Israeli doctors.
Summerfield interprets the silence of Baum and the IMA as an admission of guilt. In actuality, it derives not from guilt but from an intense weariness of having to respond time and time again to baseless attacks from someone with a very clear agenda. Summerfield expects self-flagellation on our parts for wanting to live in peace, to protect our children from attack, for trying to balance security needs with the very real and pressing need to assure proper health services for all, Israeli and Palestinian. But for that we can not, and will not, apologize.
Malke Borow, JD
Manager, Division of Law and Policy
Israel Medical Association
Appendix A
July 12, 2006
To: Maj.-Gen. Joseph Mishlav, Coordinator of activities in the Territories
Brig.-Gen. Yechezkel Levi, Chief Medical Officer
Brig.-Gen. Avichai Mandelbeit, Chief Military Prosecutor
Re: Invitation to a meeting regarding the health status in the territories-promoting cooperation between the IMA and relevant bodies
The IMA has been repeatedly approached by both local and foreign organizations regarding the status of the civilian population in the West Bank and Gaza.
It goes without saying that we do not address political or security issues; nonetheless, we are sure that you share our belief that we must do everything in our power to preserve an acceptable level of health even during armed conflict and to concern ourselves with the essential humanitarian needs of the civilian population.
The IMA is interested in trying to advance fruitful cooperation with you, in order to improve the channels of communication and activity between us, to understand the scope of inquiries you receive and to see how the IMA can take part in medical and humanitarian aid to the civilian population during this difficult period.
Therefore, we would kindly request a joint meeting.
We will be in touch within the next few days in order to schedule such a meeting and hope you will positively answer our request.
Sincerely,
Dr. Yoram Blachar
President
Israeli Medical Association
(Translated from the Hebrew)
Appendix B
July 12, 2007
To:
Mr. Yuval Diskin
Head of the Israel Security Agency
Re: Reports of B’tselem and the Center for the Protection of the Individual on the matter of torture and abuse of Palestinian detainees-implications for medical personnel working in interrogation centers
We would appreciate your response to the enclosed letter, which was forwarded to us yesterday.
It appears from the letter that the report in question allegedly raises suspicion that the ISA still uses physical and emotional measures that can be defined as torture.
We would note that the position of the IMA on this matter remains as it always was, namely that it is absolutely forbidden for doctors employed by the ISA or security services and involved in the questioning of Palestinian detainees or prisoners are absolutely forbidden to take part or assist in any way in questioning that is accompanied by torture.
We, too, would like to receive answers to the questions posed in the letter of Physicians for Human Rights, and would appreciate a response at your earliest convenience.
Sincerely,
Dr. Yoram Blachar
President
Israeli Medical Association
(Translated from the Hebrew)
