[News] Addameer Sends a Submission to the United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories

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Sun Nov 13 13:58:52 EST 2022


addameer.org <https://www.addameer.org/news/4928>
Addameer Sends a Submission to the United Nations Special Rapporteur on the
Situation of Human Rights in the Palestinian Territories Titled “Illegal
and Arbitrary: The Deprivation of Liberty of Palestinians in Occupied
Territories”
------------------------------

13-11-2022

This week, Addameer Prisoner Support and Human Rights Association sent a
submission to Special Rapporteur Francesca Albanese in response to her call
for input
<https://www.ohchr.org/en/calls-for-input/2022/call-submissions-thematic-report-human-rights-council-52nd-session-deprivation>
for her upcoming thematic report to the Human Rights Council 52nd session
on deprivation of liberty in the occupied Palestinian territory. Her report
will look at the practices and effects of Israel’s systematic arrest and
detention of Palestinians, including the charges and laws used to justify
deprivation of liberty; the effect on detainees, their families, and their
communities; the most targeted geographic areas and groups of people; and
the structural use of inhumane detention conditions, torture, and
ill-treatment, and denial of fair trial guarantees.

Addameer’s submission addresses these themes and questions by analyzing
Israel’s use of arbitrary detention policies and practices to repress
Palestinians' struggle for self-determination and liberty. The submission
concludes that the increased systematic practice of arbitrary detention
undertaken by the Israeli occupation forces is upheld by the Israeli
settler-colonial and apartheid regime. Violence is imbued at each stage of
arrest: upon arrest and transfer to detention centers and during detention
and trial. These methods of deprivation of liberty are central to the
practices of the Israeli occupation, yet they are differentially applied
geographically across the occupied Palestinian territories in violation of
international law.

The submission details the Israeli legal frameworks and military detention
practices designed to arbitrarily deprive Palestinians of their right to
liberty in violation of international law. The Israeli occupation
authorities consistently utilize military orders to maintain control over
and enact collective punishment on the Palestinian people under the guise
of protecting “security.” In practice, this system criminalizes all aspects
of Palestinian life by authorizing arbitrary arrests for Palestinian
movements, group membership, gatherings, use of social media, and peaceful
political activity. Once the occupation authorities arrest Palestinians for
these kinds of acts, they continue to violate their international legal
rights by denying them access to minimal fair trial guarantees and
subjecting them to abhorrent detention conditions. This system of arbitrary
arrest is further illustrated by the Israeli occupation’s use of
administrative detention. Authorized by military order, Israeli forces
consistently and systematically issue extrajudicial administrative
detention orders to Palestinians, allowing them to detain and interrogate
Palestinians indefinitely without charge or trial under the guise of
“security” based on “secret evidence.”

The submission also examines Israel’s illegal and systematic practices of
torture and ill-treatment, inhumane detention conditions, and illegal
prison transfers. As documented by Addameer and other human rights
organizations, the conditions Palestinians are consistently subjected to in
Israeli military prisons are also in clear violation of international law.
Further, by illegally transferring detainees across the Green Line, Israeli
occupation forces make it nearly impossible for family members to visit
their loved ones. They also systematically enforce other collective
punishment measures such as demolishing the homes of prisoners, arresting
family members, or even detaining family members as hostages. Similarly,
the Israeli authorities’ arrest process unjustly targets Palestinians in
certain geographic areas, such as East Jerusalem, as well as specific
groups for raids and mass arrests, such as former detainees, students and
teachers, politicians, journalists, human rights defenders, and even
children.

These illegal arrest and detention practices clearly amount to widespread
collective punishment. In fact, Israel relies on a two-tiered legal system
that subjects Palestinian detainees to a vastly different legal system and
treatment in detention than Israeli detainees. In conjunction with Israeli
military arrest and detention practices, these strategies of systemic
deprivation of liberty amount to collective punishment and clearly violate
international laws and standards.

Full submission is *here*
<https://www.addameer.org/sites/default/files/Addameer%20Submission%20on%20the%20Illegal%20and%20Arbitrary%20Israeli%20Practices%20of%20Deprivation%20of%20Liberty%20of%20Palestinians%20in%20Occupied%20Territories.pdf>
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