[Pnews] Israeli Military Court Attempts to Stop Palestinian Administrative Detention Boycott
ppnews at freedomarchives.org
Thu Mar 15 10:56:56 EDT 2018
Military Court Attempts to Stop Administrative Detention Boycott
March 15, 2018
Yesterday, 14 March 2016, the Israeli military courts indicated how it
will be dealing with the administrative detention boycott. Rather than
changing anything substantive about the process of administrative
detention, it will simply seek to punish those involved with the aim of
coercing them to cease their protest and accept the status quo.
On 7 March 2018, there were to be two individual appeal hearings for
administrative detention proceedings, that of Salah Ja’edi and Nawaf
Sawarka. The military court judge had shortened the orders. In response,
the military prosecutor south an appeal with the aim of lengthening the
time of detainment.
In solidarity, both the individuals in question and their lawyer did
not attend the hearing in the military court at Ofer Prison. This
resulted in the judge postponing the hearing until 14 March, knowing
that both administrative detention orders were to expire on 18 March.
Again, the individuals in question and their lawyer refused to
participate in the proceedings. In response, the judge stated that if
Mahmoud Hassan, lawyer for Addameer, and his clients do not attend
future hearings then Mahmoud will be referred to the Ethics committee of
the Israeli Bar Association and fined. His clients will be brought to
the court room, by force if necessary. Additionally, the individuals in
question will be held until the conclusion of proceedings.
Such moves represent a concerted effort to crush the boycott. The judge
is, without a formal extension of administrative detention order,
telling Salah and Nawaf that they will be detained until they attend
their court session. In essence, their arbitrary detention will
continue, potentially indefinitely, until they give up the boycott.
Additionally, Mahmoud is being referred to the Ethics committee due to
his commitment to opposing the illegal and immoral nature of the
administrative detention as a general policy.
Administrative detention, under the Fourth Geneva Convention, is allowed
“only if the security of the Detaining Power makes it absolutely
necessary” <#_ftn1> for “imperative security reasons” <#_ftn2> and
if the process is undertaken according to a “regular procedure”
<#_ftn3>. Additionally, the process must not be used as a substitute for
criminal prosecution where there is insufficient evidence to obtain a
conviction.  <#_ftn4>
What the judge, in this particular instance, is doing is extending the
period of arbitrary detention without the following of a regular
procedure. It represents the extension of an arbitrary detention as a
punitive measure for protesting the illegality of your remand.
The boycott of all court proceedings relating to administrative
detention has been ongoing since 15 February 2018, when all
organizations with lawyers representing cases released a joint statement
with the prisoners.
For the months of January and February, there were a total of 157
administrative detention orders issued. 104 of these were renewals of
existing orders, which means that they were extensions on the initial
period of detainment. New orders can be issued indefinitely. While there
is a process of appeal, it provides no real recourse as the information
on which the order is based remains ‘secret’.
Addameer calls on the international community to take all available
actions to hold Israel accountable for its violations of both
international humanitarian law and human rights law. Equally as
important, we call on all grassroots movements and activists to raise
awareness about the issue of administrative detention. If information is
required about specific issues, or cases, please contact us directly.
 <#_ftnref1> Article 42, Fourth Geneva Convention 1949
 <#_ftnref2> Article 78, Fourth Geneva Convention 1949
 <#_ftnref3> Ibid.
 <#_ftnref4> ‘Opinion No. 86/2017 concerning Salem Badi Dardasawi
(Israel)’, /Human Rights Council: Working Group on Arbitrary Detention,
/8 December 2017.
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