Response to the New York Times’ query about theDetention Facility in the "Sde Teiman" Military base

The IDF rejects outright allegations concerning systematic abuse of detainees in the "Sde Teiman" detention facility, including allegations of sexually abusing detainees, electrocuting detainees and stripping detainees of their clothes during interrogations. It should be emphasized that so far the IDF has not been filed any concrete complaints from detainees (including detainees who have been released or from lawyers who have met with detainees), including allegations of sexual abuse. At the request of the IDF, the New York Times system passed on the details of the relevant detainees who made the claims mentioned in the report, at the request of the IDF, and they were transferred to the MPCID (Military Police Criminal Investigations Division) for examination.

General

The IDF acts in accordance with Israeli law and international law, and protects the rights of individuals held in detention facilities under its responsibility. Any abuse of detainees, whether during their detention or during interrogation, violates the law and the directives of the IDF and as such is strictly prohibited. The IDF takes any acts of this kind, which are contrary to its values, with utmost seriousness, and thoroughly examines concrete allegations concerning the abuse of detainees.

In the request for a response that the New York Times handed to the IDF, claims are cited with regards to the treatment of detainees by the IDF, that already on their face can be said to be evidently inaccurate or completely unfounded. The readers of the New York Times must understand that the IDF is fighting a murderous terrorist organization, that has no commitment to the truth as well as any law, and that has waged a disinformation campaign designed to create a false narrative regarding IDF activities (something that was once again proven in the UN’s recent recognition that the verifiable death tolls in Gaza are significantly lower than the misleading impression created by the allegations of Hamas authorities since the beginning of the war, and which, unfortunately, have been cited until now by many around the world).
The disinformation promoted by Hamas also concerns the IDF's systemc treatment of detainees. Released detainees who return to the Gaza Strip are under the control of a terrorist organization that can force them to provide false information to the media.

Concrete complaints regarding misconduct or unsatisfactory conditions of detention are forwarded to relevant bodies in the IDF, and are dealt with accordingly. When required, command measures are taken against members of the facility's staff, and, and criminal investigations are opened in cases where there is a reasonable suspicion of criminal misconduct.

Response to additional specific claims

We will not be able to address all the inaccurate claims that were presented to us in detail in this response, but we will delve into the main ones.

Following the brutal terrorist attack carried out by the terrorist organization Hamas on October 7, 2023, in which it massacred approximately 1,200 people, most of them civilians, and kidnapped over 240 people, the IDF is fighting Hamas and other terror organizations that assist it with the goal of eliminating Hamas' military capabilities and returning all of the hostages to their homes and families.

As part of the war against the terror organization within the Gaza strip, the IDF has detained individuals who are reasonably suspected of being involved in terrorist activity. Relevant suspects are taken in for further detention and questioning at IDF detention facilities in Israeli territory, intended for temporary detention. Those who are found not to be involved in terrorist activity are released to the Gaza Strip as soon as possible, taking into account both their personal security and operational considerations. Any detainee that is released back to the Gaza Strip is equipped with food and water for the journey.

Those whose detention is continued for security reasons, are designated to be transferred to a facility of the Israeli Prison Service. Such detention is done in accordance with the provisions of the Israeli criminal law or the Incarceration of Unlawful Combatants Law (UCL). As part of it, detainees are brought to a hearing in front of a judge, in accordance with the legal framework under which they are held.

As for the claims regarding judicial review of the detention – we add that under the UCL, in addition to the initial review after the issuance of the detention order , the State is obliged to bring the detainee to a judicial review every 6 months in case the detention continues.

As for the claims regarding meetings with lawyers – first of all, it is essential to understand that when a meeting with a lawyer is temporarily denied, it is done in strict accordance with the law and based on clear security needs - to prevent the transmission of messages that would endanger human life and national security. The decisions regarding the delaying of such meetings are carried out on an individual basis and in a gradual and monitored manner that requires the approval of increasingly high ranking officers, such that the longer the postponement, the higher the approval authority that is required. Today, according to the law in force, the maximum length of time for delaying a meeting with a lawyer is 90 days, following a change in the law was made about a month ago. There are cases in which the delay is for a period of time shorter than 90 days.

At the level of international law, it is emphasized that the UCL was written with strict congruity with the Fourth Geneva Convention, which explicitly recognizes the possibility of holding individuals who are found to be posing a security threat during an armed conflict in preventative detention. The compatibility of the UCL with both Israeli law and with international law was approved by the Israeli Supreme Court in 2008. The rights granted by the law go in many aspects beyond the minimum required in international law. Thus, according to the Fourth Geneva Convention, the obligation to have a review procedure of preventative detention does not have to to be carried out specifically through judicial procedure. Nevertheless, Israeli law grants a right for a judicial reviews in a civilian district court, legal representation by a lawyer, and also grants a right to appeal to the Israeli Supreme Court. The claims brought before us regarding the time frame of the judicial review and the meeting with lawyers should take into account that these are privileges deriving from Israeli law that are not required by the international law relevant to the situation in the first place. Also, it is important to emphasize that even in a situation where the meeting with lawyers is temporarily denied, the judicial review is not affected and takes place in their absence.

The IDF has been investing vast resources in the detention facilities it operates in order to properly address the large number of detainees that have been detained during this difficult war that was forced upon the State of Israel. The conditions in the detention facility in ‘Sde Teiman’ have been improved throughout the war. Also, a new IDF detention facility with improved conditions was built at the Ofer military base, where most of the detainees from the Gaza Strip that are held by the IDF are currently situated. The space capacity of  in ‘Sde Teiman’ that has been in use since the beginning of the war is much lower than described in the claims presented to us, and is limited in order to maintain adequate detention conditions and avoid overcrowding. Detainees in IDF facilities are held in structures that have been adjusted in order to protect them from weather conditions.

Each detainee receives blankets, a sleeping mat and a set of clothes adapted to the weather. The detainees receive three meals a day, of quantity and variety approved by an authorized nutritionist in order to maintain their health. Drinking water is regularly accessible to them. Every detainee who arrives at the detention facility is registered in an orderly manner and examined by a doctor as part of his intake. Moreover, throughout the detainees' stay, an individual medical follow-up is conducted for each detainee as required, and medical check-ups are held regularly. Prisoners who require medical treatment receive it from qualified medical personnel. If necessary, they are transferred to a near-by designated medical facility in 'Sde-Teman' military base, which is under the responsibility of the Ministry of Health, equipped with adequate medical equipment. ⁠

Some detainees help the facility's staff to maintain communication and routine in the facility, in accordance with the instructions and daily schedule of the facility. The detainees are not deprived of night sleep, and no music is played to them in the detention facility.

There is a specific area within the interrogation facility in the 'Sde-Teiman' base (which is distinct and separate from the detention acility), where a small number of detainees stay and await interrogation for a limited amount of time. There, music is played at a volume that is not high and not harmful. This is due to a concrete security need - in order to prevent the detainees from conversations between them that would harm the interrogation, as well as from hearing conversations in the nearby interrogation rooms. In the same space, along with the detainees, there are guards from the IDF who are regularly present and are also exposed to the same music, sometimes for even longer periods of time. This provides a clear indication that the music does not harm those present in the area physically or mentally.

Among the detainees held in the military detention facilities there are highly skilled military operatives who are considered highly dangerous. The detainees in the facility are handcuffed depending on the level of risk posed and their state of health. Every day, an examination is carried out with respect to each handcuffed detainee to make sure that the handcuffs are not too tight, and if it is found that the handcuffing became too tight, it is corrected. The handcuffing of detainees in the medical facility is examined individually on a daily basis, and is carried out in cases where the security risk requires it.

Detainees are allowed regular access to toilet stalls located in the detention facility, which are cleaned regularly in order to maintain hygiene and health, and they shower regularly. Contrary to the claims, the use of diapers is very exceptional, and they are only used by detainees who have undergone medical procedures for which their movement is limited, or have other medical reasons that require maintenance of personal hygiene. The only purpose of using diapers in such rare cases is preserving the personal hygiene of those individuals.

Since the beginning of the war, 36 detainees who were held in IDF detention facilities were deceased, including individuals with previous illnesses or injuries caused to them as a result of the ongoing hostilities. In accordance with IDF orders, in each case of death of a detainee in an IDF detention facility, a criminal investigation is opened by the Military Police.

The IDF has various oversight mechanisms designed to ensure that the detention facility in ‘Sde Teiman’ is run in accordance with IDF orders and the law, including audit tours by senior officers who are not part of the facility’s staff that subsequently  issue audit reports, ongoing monitoring by closed-circuit television, regular overview discussions at the IDF Operations Directorate, commanders' supervision at the facility, and more. In cases where misconduct has been detected, facility members were dismissed from the facility. In addition to these mechanisms, another oversight mechanism was recently approved by the Government of Israel's Security Cabinet, which includes international observers who will visit the IDF's detention facilities.