ADDAMEER Fact Sheet Palestinians detained by Israel

ADDAMEER Fact Sheet Palestinians detained by Israel ADMINISTRATIVE

DETENTION IN THE OPT:

Contents

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• The Facts

• International Law

• Case Studies

• The ‘Stop Administrative Detention’ Addameer Campaign

• What you can do to help

Administrative Detention:The Facts

1. Administrative detention is a procedure under which detainees are

held without charge or trial

2. Administrative detention is based on ‘secret information’ brought forward

to the military judge, to which neither the detainee nor his/her

lawyer have access to.

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3. Administrative detention is indefinitely renewable under Israeli military

regulations. A detainee may be given an administrative detention order for a period of between 1 – 6 months, after

which the order may be renewed again.

4. Israel’s practice of administrative detention does not meet international

standards which says that it should only be used as a last resort and

cannot be used as a substitute for prosecution.

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Administrative Detention:The Facts

As of April 2009,

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550administrative

detainees are being held in Israeli prisons and

detentions centers including 8 PLC members, 2 women, and 3 children under the age of 18.

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Administrative Detention:International Law

The key legal instruments that regulate administrative detention in the occupied Palestinian territory are:

1.The Fourth Geneva Convention (1949)

2.Additional Protocol I to the Geneva Convention (1977)

3.Regulations annexed to the Hague Convention No. IV (“The Hague Regulations 1907”)

4.The International Covenant on Civil and Political Rights (1966)

5.The International Covenant on Economic, Social and Cultural Rights (1966)

6.The Convention on the Rights of the Child (1990)

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Article 42 and 78 of the Fourth Geneva Convention permit administrative

detention only ‘If the security of the Detaining Power makes it absolutely necessary’ or for ‘Imperative reasons

of security’.

Israel’s use of administrative detention deliberately infringes this

requirement as it often uses administrative detention as

punishment rather than security.

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Below are the main rights of administrative detainees under Fourth Geneva Convention:

1.Prohibition against torture (mental and physical), mutilations and cruel treatment

2.Prohibition against reprisals and collective punishments

3.Prohibition against deportations and transfer of civilians in and out of the occupied territory

4.Prohibition against outrages upon personal dignity, in particular humiliating and degrading treatment

Routinely violated

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Legal Procedure:

1.Any person detained shall be informed promptly of the reasons for their detention

2.The accused person shall have the right to present evidence necessary to their defense and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defense

3.The right to be released by the Occupying Power as soon as the reasons for the detention cease to exist

Routinely denied

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Conditions of detention:

1.The Occupying Power must maintain detainees at its own expense and must provide for the detainees’ state of health

2.The Occupying Power must provide support for those dependent on the detainee

3.Detainees must be held separately from persons detained for any other reason, such as persons convicted of criminal offenses

4.The Occupying Power must intern detainees in adequate accommodation in regards to health, hygiene and the rigours of the climate

5.The Occupying Power must provide the detainees with sufficient food to maintain their health

6.Detainees must be provided with premises suitable for the holding of their religious services

Routinely violated

Conditions of Detention

• Administrative detainees are held in overcrowded, poorly ventilated prison cells and tents that are often threadbare and do not provide for adequate shelter against extreme weather.

• Detainees are not provided adequate food rations, neither in quantity nor quality. There are no special dietary considerations made for detainees who suffer chronic illnesses such as diabetes or high blood pressure.

• Detainees are not provided with clean clothes or adequate cleaning supplies.

Detention conditions in Israeli prisons are appalling:

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Case Study 1: A prisoner of conscience

ALI JARADATDate of Birth: 3 July 1955Occupation: Journalist/Writer

Place of Detention: OferDate of Arrest: 22 April 2008Date of Release: UNKNOWNExpected of order: 19 August 2009

• Ali is a writer, commentator and political activist, regularly publishing articles in the media criticizing both the Israeli occupation and Palestinian Authority.

• Since the height of the Al-Aqsa Intifada (2002-2004), he has been repeatedly placed in administrative detention.

• The military judge claims that Ali’s detention is related to his political membership of the PFLP and its ‘terrorist activities’.

• Israeli authorities have neither provided a charge nor have allowed the defence to see “evidence” concerning his detention.

• Appeals against Ali’s detention have been consistently rejected.

• Ali’s administrative detention order has been renewed four times including the most recent on 19 April 2009.

• His health has suffered greatly due to his imprisonment including a heart attack in 2002 while he was under administrative detention.

• Ali’s arrest has had a tremendous psychological impact on his children, including his daughter Saja who has been visiting her father in prison since she was four years old.

• Ali’s wife can only visit her husband only once a year for 45 minutes. When she tries to bring gift items for her husband, they are often confiscated.

For more information on Ali Jaradat’s case, please refer to Addameer’s website: http://addameer.info/?p=64

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Case Study 1: ALI JARADAT

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Case Study 2: ETERAF RIMAWI

Date of Birth: 30 April 1976Occupation: Programs Manager

Place of Detention: OferDate of Arrest: 25 August 2008Date of Release: UNKNOWN

• Eteraf is married with two children.• Israeli Occupation Forces surrounded his house in August 2008

and detained him, transferring him to Ketziot detention center in Negev.

• This is the fifth time that Eteraf has been detained. • Israel’s military prosecutor continues to maintain that Eteraf

poses a danger to the State of Israel without providing a specific reason.

• His administrative detention order was renewed three times and is now set to expire on 8 July 2009, but is likely to be renewed again.For more information on Eteraf Rimawi’s case, please refer to Addameer’s website: http://addameer.info/?p=1067

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• Majeda Fidda was arrested from the family home in Nablus

• A few minutes passed midnight on 6 August 2008, Israeli soldiers stormed her house and proceeded to a search.

• After interrogation, she was transferred to Hasharon prison. A list of charges was issued against her.

• The charges included membership in Change and Reform to which she indeed belonged when she ran for municipal elections in 2005. However, the Israeli authorities declared Change and Reform bloc an “illegal party” only in 2007, almost two years after municipal elections took place.

Date of Birth: 14 August 1960Occupation: Elected Member of Nablus Municipality, MSc

Place of Detention: HasharonDate of Arrest: 6 August 2008Date of Release: UNKNOWNExpected end of order: 30 June 2009

Case Study 3: MAJEDA FIDDA

Case Study 3: MAJEDA FIDDA

• Five months later, on 31 December, she was acquitted of all charges.

• Instead of releasing her, the Israeli authorities decided to keep her imprisoned, without trial or charges, in administrative detention.

• On 31 March, her administrative detention order was renewed for a further 6 months.

• During the judicial review on 5 April 2009, the judge reduced the order to 3 months, now setting Ms. Fidda’s possible – but by no means certain – release on 30 June 2009.

For more information on Ms. Fidda’s case, please refer to Addameer’s website: http://addameer.info/?p=1136

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Date of Birth: 20 August 1992Occupation: 11th Grade Student

Place of Detention: OferDate of Arrest: 18 December 2008Date of Release: UNKNOWNExpected end of order: 14 August 2009

• Hamdi was first imprisoned at the age of 15. He was kicked, punched and verbally abused on the way to Ofer Detention.

• Hamdi was arrested again during the night. He was subsequently tied and blindfolded.

• A four month administrative detention order was issued against

him on 28 December 2008 based on ‘secret information’. It was renewed on 15 April 2009.

• Hamdi’s father was killed by Israeli forces in an extra-judicial execution and the family home was punitively demolished a few months later. His brother has also been arrested following their father’s assassination.

Case Study 4: HAMDI TAMRI

Case Study 4: Hamdi Tamri

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• Since Hamdi’s arrest, the family have been unable to send

him even a change of personal clothes.

• Hamdi’s mother has been prevented from visiting her son for ‘security’ reasons. She is routinely denied the right to visit him and has given up on the idea of applying for permits.

• Hamdi’s brother is held in Ketziot. Both brothers have not been allowed to be held in the same facility. The prison administration claim that there are no juvenile facilities in Ketziot despite the fact that minors have been detained in Ketziot prison before.

• For more information on Hamdi’s case, please refer to Addameer’s website: http://www.addameer.info

Case Study 5: KHALED TAFISH

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Date of Birth: 20 August 1992

Member of the Palestinian Legislative Council, Change and Reform bloc

Place of Detention: OferDate of Arrest: 19 March 2009Date of Release: UNKNOWNExpected end of order: 18 September 2009

• Khaled was arrested for the third time on 19 March 2009, in a raid carried our by Israeli Occupying Forces a few hours after the collapse of prisoner exchange talks between the Israeli government and Hamas.

• Khaled was subjected to two weeks of interrogation related to his political activities.

• Nine other political leaders, including 3 PLC members were arrested that same night.

Case Study 5: KHALED TAFISH

• Khaled was placed in administrative detention period for a 6 month period on 31 March 2009.

• The military judge justified his detention saying that he was an active member of Hamas and “poses a real danger” to the “security of the region and its people”

• Mr. Tafish’s detention seems politically motivated and is aimed at pressuring the Hamas leadership in Gaza to release Corporal Gilad Shalit. He became a bargaining chip in negotiations over prisoner exchange.

• Khaled’s arrest has had a detrimental effect on his children, especially at a time when his son is going to take the final high school exam (Tawjihi).

For more information on Khaled Tafish’s case, please refer to Addameer’s website: http://www.addameer.info

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Case Study 6: GHASSAN ZAWAHREH

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Date of Birth: 10 March 1981Occupation: University student majoring in Social Work. Part-time taxi driver.

Place of Detention: OferDate of Arrest: 30 July 2008Date of Release: UNKNOWNExpected end of order: 18 September 2009

• Ghassan was arrested on 30 July 2008 when he was summoned to meet the Israeli security agency at Etzion interrogation Center.

• He was placed under a six-month administrative detention period. His appeal against the order was rejected and has since been renewed.

• This is not the first time Ghassan has been detained. Previously he

has spent 80 months in detention moving between several prisons. He was released in 2007 only to be detained 19 days later.

Case Study 6: GHASSAN ZAWAHREH

• Only Ghassan’s mother and sister are allowed to visit him in prison. His father is denied visits due to ‘security reasons’ whereas his younger brother was allowed to see him once.

• Shortly before his arrest, Ghassan was engaged. Now his fiancée is prevented from visits.

For more information on Ghassan Zawahreh’s case, please refer to Addameer’s website:www.addameer.info

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http://www.addameer.info/

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Addameer’s ‘Stop Administrative Detention’

Campaign

Immediately release all administrative

detainees!

On March 26 2009, Addameer launched its global campaign to stop the Israeli use of administrative detention and called on Israel to first and foremost:

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• Respect international human rights and international humanitarian law, in particular those articles that underline• the appropriate prison conditions that should be

accorded to detainees• the prohibition of "Individual or mass forcible

transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not”.

Addameer’s SAD Campaign

In the meantime, we call on Israel to at least:

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Addameer’s SAD Campaign

Addameer also urges the international community to assume its role and hold Israel to account

under international lawThe international community’s lack of effective response forces us to

seriously question its commitment to fundamental human rights. It is time it starts acting.

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What you can do

ACT NOW!

1. Write messages of solidarity to Palestinian administrative detainees.

2. Write to the Israeli government, military and legal authorities, demanding that these

administrative detainees be released immediately and that their administrative detention not be

renewed.

3. Write to the International Bar Association (IBA), asking its members and Human Rights Institute to

put pressure on the Israeli Bar Association

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What you can do

ACT NOW!

4. Write also to representatives of the European Union urging the EU to pressure Israel to release

administrative detainees and to put an end to such an unjust, arbitrary and cruel system of

incarceration without trial.

4. Write to your own elected representatives urging them to pressure Israel to release administrative detainees and to put an end to such an unjust,

arbitrary and cruel system of incarceration without trial.

4. Finally, write to Israeli Embassies and Consulates

in your own country.

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Contact details

To write to Palestinian detainees:

POSTAL ADDRESS: Ofer Prison, Givat Zeev, P.O. Box 3007, via Israel

POSTAL ADDRESS: Ketziot Prison, P.O. Box 13, Postal Code: 84102 08, Israel POSTAL ADDRESS: Hasharon Prison, Ben Yehuda, P.O. Box 7, 40 330, Israel

Please send us copies / or inform us whenever you send a letter to an administrative detainee.

Contact Addameer at [email protected] for more information about specific cases.

To write to Israeli government, military and legal authorities:

Lt. Colonel Sharon Afek, Legal AdvisorP.O. Box 10482, Beit El, West BankTel: 972-2-997-7071, Mobile: 972-50-551-1782

Mr. Benjamin Netanyahu, Prime MinisterOffice of the Prime Minister 3, Kaplan Street, PO Box 187Kiryat Ben-Gurion, Jerusalem, Israel Fax: +972 2651 2631 Email: [email protected]

Mr Daniel Friedmann, Minister of JusticeFax: + 972 2 628 7757; + 972 2 628 8618 Mr Menachem Mazuz, Attorney GeneralFax: + 972 2 627 4481; + 972 2 628 5438; +972 2 530 3367 Please cc Addameer: [email protected]

mailto:[email protected]


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Contact detailsTo write to International Bar Association to pressure Israel:

Fiona Paterson, DirectorHuman Rights InstituteInternational Bar Association10th Floor1Stephen StLondon, W1T 1ATUnited KingdomTel: +44 (0)20 7691 6868Fax: +44 (0)20 7691 6544

E-mail: [email protected] Website: www.ibanet.org Please cc, the Human Rights Institute general email: [email protected]

Please cc Addameer: [email protected]

To write to representatives of the European Union:

Send your letters of appeal to: Ms. Riina Kionka, Personal Representative for Human Rights (CFSP) of the EU Secretary General/ High Representative Javier Solana 175 Rue de la Loi BE 1048 Brussels, Belgium Fax: +32 2 281 61 90 Email: [email protected] H.E. Ms. Benita Ferrero- Waldner, The Commissioner for External Affairs and European Neighbourhood Policy Email: [email protected] cc Addameer: [email protected]



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Unfair, arbitrary, unfounded or simply wrong. You decide.

Say NO to detention without trial!

Documents

ADDAMEER Fact Sheet Palestinians detained by Israel