[Pnews] Israeli High Court’s Decision to Suspend Political Prisoner Allan’s Detention Condones Administrative Detention

Prisoner News ppnews at freedomarchives.org
Thu Aug 20 11:36:17 EDT 2015

*Addameer: Israeli High Court’s Decision to Suspend Allan’s Detention 
Condones Administrative Detention*

20 August 2015


Ramallah, occupied West Bank

Addameer Prisoner Support and Human Rights Association condemns the 
Israeli occupation High Court’s decision yesterday suspending the 
administrative detention of Mohammad Allan, as the court’s decision 
condones arbitrary and administrative detention used by Israeli 
occupation forces in violation of the Fourth Geneva Convention. The High 
Court suspended Mohammad Allan’s administrative detention following his 
64 days of hunger strike in which he reached a critical health 
condition. Medical examinations indicate Allan suffers from brain damage 
due to a sharp drop of Vitamin B1 levels in his brain as a result of the 
hunger strike.

The court’s decision to suspend Allan’s administrative detention and not 
to repeal it affirms that Palestinians cannot seek justice from the 
Israeli judicial system. Israeli courts at all levels merely serve as an 
instrument to legitimize the Israeli occupation’s policies including 
administrative detention.

In its decision, the High Court disregarded the systemic use of 
administrative detention in violation of Article 78 of the Fourth Geneva 
Convention which limits the detention of protected persons by the 
occupying power for imperative security reasons for limited time 
periods, and within procedural guarantees prescribed by the occupying 
power that must correspond with the provisions of the Fourth Geneva 
Convention. The court further failed to address the violations of the 
right to fair trial before an independent and impartial judiciary that 
administrative detainees face by military courts and their rights to 
procedural guarantees as stipulated under Article 75 of Additional 
Protocol I to the Geneva Conventions.

Addameer further holds that High Court’s decision allowed the Israeli 
occupation authorities and forces to evade their responsibility for the 
critical health condition of Allan. On one hand the court condoned the 
legality of the use of administrative detention and suggested its 
support for its use against Palestinian political prisoners. The court 
further approved the use of military courts and undisclosed secret 
material against Palestinian administrative detainees thus obstructing 
them of their right to a fair trial and their ability to produce an 
effective defense. The court on the other hand ignored the critical 
medical condition of Allan and the exceptionally high toll on his 
physical and mental health that he sacrificed to request the fundamental 
right of a fair trial. The court eventually decided to suspend Allan’s 
administrative detention thus leaving the space for the Israeli 
occupation forces to re-detain him once his medical condition improves.

Addameer closely follow the medical condition of Mohammad Allan who is 
still in a critical condition with grave concern. The High Court pointed 
out in its decision that the medical examinations held yesterday 
indicated brain damage, however the examinations did not specify how far 
reaching the damage is and whether it is permanent or reversible.

Addameer condemns the international silence on the continued use of 
administrative detention against Palestinians in violation of 
international law guarantees and standards and calls upon the his 
Excellency United Nations Secretary General Mr. Ban Ki Moon to ensure 
the respect of the UN charter and to take a firm position against the 
grave violations committed against Palestinian civilians by the Israeli 
occupation including administrative detention. Addameer further demands 
the United Nations establish a fact finding mission on the use of 
administrative detention against Palestinians and the denial of their 
right to a fair trial and other fundamental guarantees provided for 
under International Human Rights Law and International Humanitarian Law.

In closing, Addameer calls upon the high contracting parties of the four 
Geneva Conventions to take serious steps and positive actions to 
pressure the Israeli occupation authorities to respect its obligations 
as an occupying power towards Palestinians as stipulated under the 
Fourth Geneva Convention.

- See more at: 

Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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