PHR-Israel Intervenes to Remove Shackles from Patient
Muhammad Adwan, 58 years old, from Jerusalem, has been held in Israeli jails for the past twenty years. For the past 5 years he has been held in the Prison Service Medical Center (“Marash”) due to his deteriorating health. About 13 days ago his condition worsened and he was taken to Assaf HaRofeh hospital. His family was not notified until 10 days after he had been transfered that he was hospitalized in a very serious medical state. Adwan was not fully conscious and is suffering from various medical problems including heart and lung problems as well as a blood supply problem to the brain. His condition remains critical. His son went to visit him, and found his father shackled to the bed by both of his arms and one of his legs, even though he was also under the watch of a warden and in spite of his medical condition. The son says that the chains were extremely tight and hurting his father’s arms.
The son tried to speak with the medical staff at the hospital to convince them to remove the harmful and humiliating shackles. The staff then asked the guards, but the request was denied saying that “these are the regulations”. The son, who has been in contact with Physicians for Human Rights-Israel regarding his father’s condition since January 2004, then called the association and reported the problem. Following the association’s intervention, including calls to prison and hospital officials and work with the media, the shackles were gradually removed: at first the patients’ hands were freed and eventually his leg as well.
Shackling of patients in the hospital violates his/her dignity and rights and is against the rules of medical ethics. Shackling patients in the hospital should only be an exceptional act, justified only in cases where there is immediate and real danger that the patient will harm his or herself or others, and only after all other options have been exhausted. Also, in the event that the patient is shackled, it is forbidden to shackle him to an inanimate object.
Physicians for Human Rights-Israel views the attending physician as responsible to demand the release of a patient from shackles if the shackling is not in accordance with medical ethics. The Israeli Medical Association (IMA) also supports this view and says in its official published guidelines: “In any situation in which the shackling of a patient can harm, in the physician’s opinion, the medical treatment, or is not necessary in his opinion, the physicians must demand from the security officials the patient’s release from the shackling” (translation by PHR-Israel).
Physicians for Human Rights-Israel handles many cases of prisoners, both Israelis and Palestinians, who have been shackled to their hospital beds, including children. For example, the association dealt with the cases of an Israeli who died while shackled to the bed, and of a Palestinian woman who gave birth to her child while shackled to her bed. The association published a report on the subject in June 2003. From the cases handled by the association a grim picture arises: it seems that the security organizations demand that prisoners be automatically shackled upon being hospitalized. Therefore, the medical staff’s intervention is necessary.
Even though the Ministry of Health (MoH) and the IMA agree that each case should be judged individually and patients should only be shackled in the extreme circumstances described above, no steps were taken to implement this recommendation. According to the MoH if there is a disagreement between the medical staff and the security officials the case should be taken to the “Decision Forum” which is made up of hospital and prison representatives. However, Physician for Human Rights-Israel’s experience teaches that the physicians are not aware of the existence of this forum and of their right to appeal decisions of the security officials.
Physicians for Human Rights-Israel calls upon the MoH and the IMA to supply a definitive reference to turn to, and to inform the hospital staff of its existence.
To receive a copy of the association’s report, the guidelines, the IMA’s position or any other information on this subject or case:
Ella Yedaya, Intervention Coordinator, +972-3-687-3718
Shabtai Gold, Public Outreach, +972-54-4860630
Physicians who encounter cases of shackling patients in hospitals are asked to contact the PHR-Israel offices at +972-3-687-3718 or Anat Litvin, Director: Prisoners and Detainees Project, at +972-54-7322007.
To download the English version of the report: http://www.phr.org.il/Phr/downloads/dl_178.pdf
Physicians for Human Rights-Israel http://www.phr.org.il
Muhammad Adwan, 58 years old, from Jerusalem, has been held in Israeli jails for the past twenty years. For the past 5 years he has been held in the Prison Service Medical Center (“Marash”) due to his deteriorating health. About 13 days ago his condition worsened and he was taken to Assaf HaRofeh hospital. His family was not notified until 10 days after he had been transfered that he was hospitalized in a very serious medical state. Adwan was not fully conscious and is suffering from various medical problems including heart and lung problems as well as a blood supply problem to the brain. His condition remains critical. His son went to visit him, and found his father shackled to the bed by both of his arms and one of his legs, even though he was also under the watch of a warden and in spite of his medical condition. The son says that the chains were extremely tight and hurting his father’s arms.
The son tried to speak with the medical staff at the hospital to convince them to remove the harmful and humiliating shackles. The staff then asked the guards, but the request was denied saying that “these are the regulations”. The son, who has been in contact with Physicians for Human Rights-Israel regarding his father’s condition since January 2004, then called the association and reported the problem. Following the association’s intervention, including calls to prison and hospital officials and work with the media, the shackles were gradually removed: at first the patients’ hands were freed and eventually his leg as well.
Shackling of patients in the hospital violates his/her dignity and rights and is against the rules of medical ethics. Shackling patients in the hospital should only be an exceptional act, justified only in cases where there is immediate and real danger that the patient will harm his or herself or others, and only after all other options have been exhausted. Also, in the event that the patient is shackled, it is forbidden to shackle him to an inanimate object.
Physicians for Human Rights-Israel views the attending physician as responsible to demand the release of a patient from shackles if the shackling is not in accordance with medical ethics. The Israeli Medical Association (IMA) also supports this view and says in its official published guidelines: “In any situation in which the shackling of a patient can harm, in the physician’s opinion, the medical treatment, or is not necessary in his opinion, the physicians must demand from the security officials the patient’s release from the shackling” (translation by PHR-Israel).
Physicians for Human Rights-Israel handles many cases of prisoners, both Israelis and Palestinians, who have been shackled to their hospital beds, including children. For example, the association dealt with the cases of an Israeli who died while shackled to the bed, and of a Palestinian woman who gave birth to her child while shackled to her bed. The association published a report on the subject in June 2003. From the cases handled by the association a grim picture arises: it seems that the security organizations demand that prisoners be automatically shackled upon being hospitalized. Therefore, the medical staff’s intervention is necessary.
Even though the Ministry of Health (MoH) and the IMA agree that each case should be judged individually and patients should only be shackled in the extreme circumstances described above, no steps were taken to implement this recommendation. According to the MoH if there is a disagreement between the medical staff and the security officials the case should be taken to the “Decision Forum” which is made up of hospital and prison representatives. However, Physician for Human Rights-Israel’s experience teaches that the physicians are not aware of the existence of this forum and of their right to appeal decisions of the security officials.
Physicians for Human Rights-Israel calls upon the MoH and the IMA to supply a definitive reference to turn to, and to inform the hospital staff of its existence.
To receive a copy of the association’s report, the guidelines, the IMA’s position or any other information on this subject or case:
Ella Yedaya, Intervention Coordinator, +972-3-687-3718
Shabtai Gold, Public Outreach, +972-54-4860630
Physicians who encounter cases of shackling patients in hospitals are asked to contact the PHR-Israel offices at +972-3-687-3718 or Anat Litvin, Director: Prisoners and Detainees Project, at +972-54-7322007.
To download the English version of the report: http://www.phr.org.il/Phr/downloads/dl_178.pdf
Physicians for Human Rights-Israel http://www.phr.org.il