Annex VII, Release of Palestinian Prisoners and Detainees, Israeli Palestinian Interim Agreement on The West Bank and the Gaza Strip (Oslo II)

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Country/entity
Israel
Palestine
Region
Middle East and North Africa
Middle East and North Africa
Agreement name
Annex VII, Release of Palestinian Prisoners and Detainees, Israeli Palestinian Interim Agreement on The West Bank and the Gaza Strip (Oslo II)
Date
28 Sep 1995
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Arab-Israeli Conflicts (1948 - ) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Israel-Palestine peace process
Parties
Israel, signed for by Yitzhak Rabin and Shimon Peres; PLO, signed for by Yasser Arafat;
Third parties
William Clinton, U.S. President; Warren Christopher, U.S.; Amr Moussa, Egypt; Bjoern Tore Godal, Norway; Andrei V. Kozyrev, Russia; Hussein Ibn Talal, Jordan; Felipe Gonzalez, EU;
Description
Annex to the Oslo II Agreement containing provisions and qualifying factors for prisoner releases.

Agreement document
IL_PS_950928_Annex_VII_Release of Palestinian Prisoners and Detainees.pdf | Download PDF

Groups

Children/youth
Groups→Children/youth→Rhetorical
Page 1, 3. Detainees and prisoners from among the categories detailed in this paragraph, who meet the criteria set out in paragraph 2 above, are being considered by Israel to be eligible for release:
...
b. prisoners and/or detainees under 18 years of age;
Disabled persons
Groups→Disabled persons→Rhetorical
Page 1, 3. Detainees and prisoners from among the categories detailed in this paragraph, who meet the criteria set out in paragraph 2 above, are being considered by Israel to be eligible for release:
...
d. sick and unhealthy prisoners and/or detainees.
Elderly/age
Groups→Elderly/age→Rhetorical
Page 1, 3. Detainees and prisoners from among the categories detailed in this paragraph, who meet the criteria set out in paragraph 2 above, are being considered by Israel to be eligible for release:
a. prisoners and/or detainees aged 50 years and above;
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
Page 1, 2.a. all female detainees and prisoners shall be released in the first stage of release;
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
Rights related issues→Citizenship→Citizenship other
Page 1, 2.e. citizens of Arab countries being held in Israel pending implementation of orders for their deportation.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 1, 1. The release of detainees and prisoners, as agreed upon in Article XVI of this Agreement will be carried out in three stages.
2. The following categories of detainees and/or prisoners will be included in the above-mentioned releases:
a. all female detainees and prisoners shall be released in the first stage of release;
b. persons who have served more than two thirds of their sentence;
c. detainees and/or prisoners charged with or imprisoned for security offenses not involving fatality or serious injury;
d. detainees and/or prisoners charged with or convicted of non-security criminal offenses; and
e. citizens of Arab countries being held in Israel pending implementation of orders for their deportation.
3. Detainees and prisoners from among the categories detailed in this paragraph, who meet the criteria set out in paragraph 2 above, are being considered by Israel to be eligible for release:
a. prisoners and/or detainees aged 50 years and above;
b. prisoners and/or detainees under 18 years of age;
c. prisoners who have been imprisoned for 10 years or more; and
d. sick and unhealthy prisoners and/or detainees.
4. The third stage of release will take place during the permanent status negotiations and will involve the categories set out above, and may explore further categories
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
INCORE - http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/is21.pdf

THE ISRAELI-PALESTINIAN INTERIM AGREEMENT ON THE WEST BANK AND THE GAZA STRIP

Annex VII

Release of Palestinian Prisoners and Detainees

1. The release of detainees and prisoners, as agreed upon in Article XVI of this Agreement will be carried out in three stages.

2. The following categories of detainees and/or prisoners will be included in the abovementioned releases:

a. all female detainees and prisoners shall be released in the first stage of release;

b. persons who have served more than two thirds of their sentence;

c. detainees and/or prisoners charged with or imprisoned for security offenses not involving fatality or serious injury;

d. detainees and/or prisoners charged with or convicted of non-security criminal offenses;

and

e. citizens of Arab countries being held in Israel pending implementation of orders for their deportation.

3. Detainees and prisoners from among the categories detailed in this paragraph, who meet the criteria set out in paragraph 2 above, are being considered by Israel to be eligible for release:

a. prisoners and/or detainees aged 50 years and above;

b. prisoners and/or detainees under 18 years of age;

c. prisoners who have been imprisoned for 10 years or more;

and

d. sick and unhealthy prisoners and/or detainees.

4. The third stage of release will take place during the permanent status negotiations and will involve the categories set out above, and may explore further categories.

Annex VII, Release of Palestinian Prisoners and Detainees, Israeli­ Palestinian Interim Agreement on The West Bank and the Gaza Strip (Oslo II)