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The tyrannical nature of administrative detention and its complete violation of human rights are based on confidential materials kept from the detainee and the lawyer. The confidential materials determine the period of detention and its extension thereafter. The administrative detainee is allowed an appeal before a court martial but the confidentiality of the materials on which the detention is based makes the trial nominal or false. Experience has shown that the real decision-maker in the appeal is the intelligence services.
The possibility of becoming an administrative detainee is an ever-present threat in the daily life of all Palestinians and severely impacts the lives of Palestinians living in the Occupied Palestinian Territories. Similar to previous years, whenever the conflict enters a new stage, the Israeli authorities use administrative detention to arrest a large number of Palestinians. The use of administrative detention was reduced significantly prior to the current Intifada, but was dramatically increased shortly afterwards. Until September 2000, the number of administrative detainees was 4. By the end of 2000, this number became 17. Towards the end of 2001, there were 45 administrative detainees, and by the end of 2004 there were over 850.
Source: Addameer
Administrative detention orders have been issued based on British Mandate Defense (Emergency) Regulations of 1945. In 1970, Israeli occupying powers issued Military Order (MO) 378, authorizing the military commander of the region to issue administrative detention orders. Additionally, in 1988, as an amendment to MO 378, MO 1229 was issued in the West Bank and MO 941 for the Gaza Strip (military orders are issued separately for the West Bank and Gaza Strip) to apply the policy of administrative detention. These orders authorized the issuing of administrative detention orders without designating a maximum period of time for the detention. The first paragraph of MO 1229 states that
"If a Military Commander deems the detention of a person necessary for security reasons he may do so for a period not in excess of 6 months, after which he has the right to extend the detention period for a further six months according to the original order. The detention order can be passed without the presence of the detainee..."
The authority of the military commander was not only limited to this. Authorization was also given to the military commander through military orders to hold an administrative detainee for an unlimited period of time if the commander has reason to believe, based on reports submitted by the General Security Services, that the release of the administrative detainee poses a danger to the security of the state. As such, the military commander may extend the period of administrative detention indefinitely.
According to Addameer’s experience with administrative detention, detainees have been held under administrative detention orders from periods ranging from 6 months to 6 years. The issuing of administrative detention orders appears to be directly linked to the political situation, with its use increasing when there is an increase in protest against occupation in the Palestinian territories that were occupied by Israel in 1967. Administrative detention is used as a form of punishment and a political act representing the policy of the Israeli government, conducted without sufficient legal monitoring and in contravention of international and human rights law, in particular the Fourth Geneva Convention.
In June 1999, modifications were made to the orders governing administrative detention in MO 1466 - Temporary Orders, Modification 13. This order states that a detainee must be brought before a military judge within 10 days of his arrest. These new procedures began to apply on 6 July 1999, also authorizing the military judge to approve, cancel or decrease the time of the administrative detention order.
In practice, the Israeli General Security Services (GSS) often take the law into their own hands, and the military judges ruling on administrative detention orders are used to offer a semblance of legal legitimacy to the policy and actions of the GSS. The military judicial system, as such, is not independent, and is affected by security policies and interference by the GSS in its rulings under the justification that it is in the greater interest of the security of Israel. Administrative detention is practiced widely by Israel, despite the fact that the method in which it is used is in contravention of international law.
Administrative detainees are held in Ketziot, Ofer, Beituniya and Kfar Yuna Military Prison camps. Although the situation of Palestinian administrative detainees has improved slightly in Ofer and Ketziot, the overall situation is still grave because of the fact that detainees are held in tents and subject to extreme weather conditions without appropriate protection.
In 2003, the Israeli authorities released 159 administrative detainees. However, the detainees were slated for release within a few days of their actual release, and the majority had already served out their sentences with 1 day to 1 month remaining.
At the end of 2003, 21 administrative detainees were deported to the Gaza Strip, in violation of the Fourth Geneva Convention. The deportations were called ‘assigned residence’ and were implemented through Israeli military regulations.
Source: Addameer
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