Asylum-seekers jailed due to gov't dispute over contagious disease tests

Some 200 asylum-seekers from Africa have been jailed for weeks despite a court order to release them, due to an argument between the Health Ministry and the Prison Service over financing the refugees' tests for contagious diseases.

Brahma Sanogo, from the Ivory Coast, was arrested six weeks ago on his way to work in Ramat Gan. Although he had an official document granting him the protection of the UN High Commissioner for Refugees while his asylum request was being reviewed, he was sent to Ma'asiyahu Prison.

Only two weeks later, after his employer found him and arranged legal representation for him, was Sanogo brought before the custody tribunal, which hears the cases of migrants.

The tribunal ordered Sanogo released immediately, after he underwent medical tests. Six days later, Sanogo's employer came to prison to have him sign a power of attorney so the employer could pick up the results of private tests Sanogo had taken before his arrest. However, the employer was not allowed to see Sanogo.

Attorney Zvi Kan-Tor requested that the tribunal order Sanogo released. The tribunal said that dozens of detainees in Ma'asiyahu were waiting for tests in order to be released, but "due to a financial disagreement with the Health Ministry, the Prison Service refuses to finance the tests."

At the tribunal's suggestion, Kan-Tor asked the Tel Aviv District Court on September 28 to order Sanogo released and to rule that detaining him further infringed on his right to freedom. The hearing was set for November 2 - two months after Sanogo's imprisonment.

"If he were an Israeli, would they dare imprison him for weeks to complete medical tests?" asked Kan-Tor.

He said the tuberculosis test costs a few hundred shekels, while Sanogo's imprisonment costs thousands a month.

Sanogo offered to pay for the test himself, and his employer said he would guarantee that Sanogo took the test immediately after his release. But their suggestions were rejected.

Prison Service spokesman Yaron Zamir denied that the problem was financing tests for some 200 prisoners.

"The Health Ministry, which is responsible for public health, objects to the prisoners' release," he said.

Health Ministry spokeswoman Einav Shimron-Grinboim said the release was "within the Prison Service's exclusive authority." She said the attorney general had ruled that the Prison Service was to carry out the tests upon jailing the prisoners.