UN deems Israel’s detention of Hamas doctor ‘arbitrary’ as health fears mount

A United Nations human rights body has declared Israel's detention of a prominent Gazan doctor, Hussam Abu Safiya, as arbitrary and urged his immediate release. The UN Working Group on Arbitrary Detention found that Israel's actions contravened international human rights laws, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

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The appropriate remedy would be to release Mr. Abu Safiya immediately and accord him an enforceable right to compensation and other reparations.

The group stated that the appropriate remedy would be to release Abu Safiya immediately and grant him compensation and reparations. The panel also expressed broader concerns, suggesting that this case, among others, "may indicate a widespread or systematic practice of arbitrary detention in the country." Israel's Prison Service and its diplomatic mission in Geneva did not immediately respond to requests for comment, and Israel reportedly did not respond to the UN working group when approached about the case last July.

Abu Safiya, a 52-year-old pediatrician and director of Gaza's Kamal Adwan Hospital, has been held since December 2024. MENA Rights Group, which filed the complaint, reported that he has endured repeated solitary confinement, lengthy interrogations, and alleged beatings with batons and electric shock sticks. His lawyer, Nasser Odeh, stated that Abu Safiya's health is in grave danger and that he has been subjected to daily abuse, noting his visibly thinner appearance in a recent court hearing.

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The case, one of several submitted to it, “may indicate a widespread or systematic practice of arbitrary detention in the country.”

Concerns for his life have been amplified by Steve Cutts, CEO of Medical Aid for Palestinians, who warned, "If Dr. Abu Safiya dies in that cell, it will be murder, and everyone who had the power to stop it, and did nothing, will be complicit." The Israel Prison Service has previously denied allegations of mistreatment of doctors in prison. Earlier this year, the Supreme Court rejected Abu Safiya's appeal against his detention, ruling he could be held as an unlawful combatant under Israeli law, even without criminal charges.

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If Dr. Abu Safiya dies in that cell, it will be murder, and everyone who had the power to stop it, and did nothing, will be complicit.