[Pnews] Israeli Military Court Attempts to Stop Palestinian Administrative Detention Boycott

Prisoner News 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”[1] <#_ftn1> for “imperative security reasons”[2] <#_ftn2> and 
if the process is undertaken according to a “regular procedure”[3] 
<#_ftn3>. Additionally, the process must not be used as a substitute for 
criminal prosecution where there is insufficient evidence to obtain a 
conviction. [4] <#_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.


[1] <#_ftnref1> Article 42, Fourth Geneva Convention 1949

[2] <#_ftnref2> Article 78, Fourth Geneva Convention 1949

[3] <#_ftnref3> Ibid.

[4] <#_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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