To:

Mr. Moshe Bar Simon Tov,
Director-General
Ministry of Health

Dear sir,

Subject: The Restraint of Prisoners and Detainees in Hospitals

We have been informed of cases involving the restraint of prisoners and detainees in hospitals across the country, which is contrary to the clear ethical stance both in Israel and worldwide, as well as to the Ministry of Health guidelines outlined in the Medical Division circular dated August 30, 2023.

Worse still, the restraints sometimes involves cross-binding (i.e. an arm and a leg bound oppositely, with each attached to the bed frame) and the binding of two limbs (an arm and a leg on the same side, each attached to the bed frame) in a manner that harms the prisoners and detainees—both physically and mentally. This restraint adversely affects their treatment and recovery prospects, violates their fundamental rights, and even constitutes actual torture. Moreover, it is not necessary for preventing escape or assisting another in escaping, causing bodily or property damage, tampering with or concealing evidence, or receiving or handing over an object that could be used to commit an offense (which are the only purposes for which the law permits the restraint of prisoners and detainees in a public place).

Hospitals are places of care and compassion, not punishment. A physician is duty-bound to uphold the dignity, privacy, and health of every individual. We are aware of the complex security situation prevailing in our country today. However, even in this case, alternative security measures (such as the deployment of additional security personnel) should be implemented, and restraint should be used only as a last resort, in the absence of any other option, and even then, in the minimal form required.

Sincerely,

Prof. Zion Hagay, President
The Israeli Medical Association

Cc:

Adv. Leah Wapner, CEO, Israel Medical Association

Dr. Yossi Walfish, Chairman of the Ethics Committee of the Israel Medical Association

Adv. Malke Borow, Director of the Legal and Policy Division, Israel Medical Association