The Brazilian citizen Islam Hasan Jamil Hamed, kept under arrest in a Palestine prison since 2010, had his sentence expired in September 2013. Since then, he has been detained by the Palestinian authorities without legal basis, despite the decision of the Palestine Supreme Court determining his release. Mr. Hamed has been on a hunger strike for more than 60 days, and, according to a medical report, has lost 25 kg (from 101kg to 75kg). His health condition continues to deteriorate.
The Palestinian Government conditions the liberation of Mr. Hamed to the emission of document by the Brazilian Government taking responsibility for his safety. Such demand is unreasonable, since the Brazilian Government does not have legal or material means to exercise its jurisdiction or police power within the Israeli-occupied territory of the State of Palestine.
The Brazilian Government has redoubled its efforts with the two Governments to obtain the liberation of the Brazilian national and his repatriation to Brazil. Regular consular visits have been undertaken with the purpose of monitoring the Brazilian, and a doctor was hired by the Brazilian Government to visit Mr. Hamed. In addition, it was possible to obtain his transfer to a prison with better conditions. The Brazilian citizen has expressed his willingness to be released, despite not being sure whether he could be repatriated to Brazil, and to remain in Ramallah until his repatriation is made possible.
The Government of Israel, with which persistent efforts have been made on the case, in turn, has informed that it investigates the alleged involvement of Mr. Hamed in an attack on two Israeli citizens, in 2010. In response to a formal request from Brazil, the Israeli Government has confirmed, by note, that it has no intention to permit Mr. Hamed to leave Palestine after his release from prison. The Israeli authorities have made it clear that they do not intend to grant the safe conduct requested by the Brazilian Government in order to repatriate Mr. Hamed to Brazil.
The Brazilian Government will continue to work with the Governments of Palestine and Israel in order to be able, as soon as possible, to regularize the situation of the Brazilian citizen.