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Administrative Detention
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Administrative Detention

Israel, the occupying power, uses the administrative detention policy against Palestinians in a discriminatory manner. This arbitrary policy allows the Israeli occupation military to sentence Palestinians up to 6 months in Israeli detention centers on secret information without charging them or allowing them to stand trial.This detention order can be renewed indefinitely.  
Israel has been extensively using this measure against Palestinians. Over the past years, it has placed thousands of Palestinians in administrative detention for periods extending from several months to several years.   
This policy is used by Israel, the occupying power, to subjugate the Palestinian people and is used as part of the widespread and systematic policy of detaining Palestinians.  
The systematic and widespread policy targets Palestinian activists, politicians, parliamentarians, human rights defenders, students, including minors and children, and journalists arbitrarily.This policy of administrative detention is used as an attempt to disrupt the Palestinian political and social fabric. It has far-reaching effects on the Palestinian families, including their children, including the creation a coercive environment leading to their forcible displacement. This serves the Israeli colonial project in the Occupied Palestinian Territory. 

Facts on Administrative Detention:  
- Since 1967, the Israeli occupation authorities issued more than 52,000 administrative detention orders against Palestinians.

- In 2017 alone, 1119 administrative detention orders against Palestinians were issued by the Israeli occupation authorities.

- By the end of February 2018, 427 Palestinians, including 2 women and 2 minors, were held in administrative detention centers.

- Eleven Palestinian Parliamentarians are currently detained by Israel, the occupying power. Seven of them are held under administrative detention orders. 

In administrative detention, the Palestinian individual is held based on “secret-evidence” and without trial.

 - The person detained is held without any legal proceedings and neither they nor their lawyers are allowed to know the evidence held against them.  

- Administrative detention has a psychological effect on the Palestinian detainees; detainees held in administrative detention are left powerless in terms of not knowing the reason they are held in detention, the period of detention, whether they are going to be released or convicted and with no power to challenge their detention.

- Israel, the occupying power, exploits this measure to detain Palestinians for their political opinions and for engaging in non-violent political activity,therefore, they are held on the basis of “secret-evidence” which, in almost 100% of the cases, is insufficient or unavailable.                                                                                                                                                                                                                                          

- Since March 2002, not a single month has gone by without holding at least 100 Palestinians in administrative detention by Israel, the occupying power.
  

Military Courts and Administrative Detention: 
- Israeli military courts system facilitate the detention of Palestinians indefinitely. It renews the detention orders and does not provide the detainees with the evidence held against them leading to violations of fair trial procedures.

- Palestinian detainees arbitrarily held in administrative detention by Israel, the occupying power, have been boycotting the Israeli military court system since 15 February 2018, as it represents an accomplice in keeping them in detention for indefinite periods of time.

- Over the past two months, Palestinian administrative detainees have been protesting the sharp use of arbitrary administrative detention against the Palestinian people.

- In their statement, Palestinian administrative detainees stated that boycotting the  Israeli legal system as a whole and the occupation military courts, is at the core of resisting and standing up against this arbitrary policy.

International Responsibility: 
Israel, the occupying power, has been using this heinous policy ever since the beginning of its military occupation of the Palestinian Territory, including East Jerusalem, in 1967. 
As an occupying power, Israel is primarily responsible and accountable for the application of international human rights law and international humanitarian law.  
The international community has a responsibility to end these illegal and inhumane policies and practices by the Israeli occupation.  In particular, the Israeli military court system, which is part of the system of occupation of subjugation, must be exposed and condemned by States, governments, parliaments around the world as well as the UN system as a whole.  
This system exists to give the false image of justice. However, it is only a fig leaf that is used to hide the shameful atrocities and injustices that are well rooted in the manners of the Israeli occupation, including all of its institutes. This conveyer belt of convictions and oppression represents a machine that facilitates the colonial regime Israel has entrenched in Palestine. As such, States must also ensure that they are not aiding and/or abetting this unlawful discriminatory system directly or indirectly, including through financial or military aid.  
The international community is obligated to provide protection for the Palestinian people, especially Palestinian children, in accordance with their duties to respect and ensure respect of international humanitarian law, international human rights law, treaties and principles that exist to ensure the protection of children and their well-being

Resources:

  • Prisoner Support and Human Rights Association “Addameer”, Administrative Detention, July 2017, available at: http://www.addameer.org/israeli_military_judicial_system/administrative_detention. 
  • The Israeli Information Center for Huma Rights in the Occupied Territories, Administrative Detention, November 2017, available at: https://www.btselem.org/administrative_detention. 
  •  Prisoner Support and Human Rights Association “Addameer”, Detaining Democracy: Administrative Detention and PLC Members, February 2018, available at: http://www.addameer.org/publications/detaining-democracyadministrative-detention-and-plc-members. 
  •  Commission of Detainees and Ex-Detainees Affairs, Annual Report: 2017, January 2018.  
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