Protesters stand outside the home of Shin Bet chief Yoram Cohen in Jerusalem demanding the latest group of Jews being held in administrative detention be allowed to see their lawyers.Photo of the Day
Posts Tagged ‘Administrative Detention’
Meir Ettinger, the grandson of Rabbi Meir Kahane, has been sitting in jail for the past 8 months, and hasn’t been charged with a crime.
He is being held under administrative detention rules, and most of the time in isolation – after prison services claimed he was influencing other prisoners with his political ideology.
The bris (circumcision) of Ettinger’s firstborn son will be held on Monday, and on Sunday at 10 AM a Be’er Sheva court will be decide if Ettinger can attend or not.
Ettinger’s family held a protest in Jerusalem on Saturday night at the Bridge of Strings (Chord’s Bridge) demanding Ettinger be allowed to attend to his son’s brit mila.
Ettinger is being represented by a lawyer from Honenu.
The Israeli prison services are against his release.Jewish Press News Briefs
The Central District Court in Lod on Tuesday ruled in favor of a request by the security services to extend the administrative detention of Meir Ettinger, according to a statement by the Honenu legal aid society.
Judge Avraham Tal approved the state’s request to extend Ettinger’s administrative detention Tuesday afternoon by an additional four months.
Honenu Attorney Yuval Zemer warned, “Today it is Ettinger’s views that are not pleasant to the ears of those in charge; tomorrow it could be my views or the views of any other citizen.”
Ettinger, a grandson of the late Rabbi Meir Kahane, has been imprisoned under administrative detention – and in solitary confinement – for more than six months already.
He was moved to solitary confinement after prison authorities felt he was influencing other prisoners by holding discussions with them.
Ettinger went on a hunger strike, but after it proved unsuccessful, gave it up after 17 days.
The young activist was arrested seven months ago under a six-month administrative order signed by Defense Minister Moshe Ya’alon. After the first order signed by the defense minister expired, a recommendation was signed by the Jewish Department of the Israel Security Agency (Shin Bet) for a four-month extension. It was this recommendation that was approved Tuesday in the Lod courthouse.
“The day that the court approves continuation of administrative detention of an individual, solely because of his views, is a sad day for democracy,” Ettinger’s attorney said after the ruling was handed down.
“This decision should disturb the sleep of anyone who values democracy and individual rights.”
Administrative detention permits the government to arrest and detain an individual without being charged, not necessarily for things he has done but for those he might do. It is a legal device dating back to the days of the British Mandatory Government.Jewish Press News Briefs
Israel’s High Court of Justices ruled Wednesday that Hamas operative Muhammad al-Qiq, 33, has the right to end his hunger strike whenever he wants.
But hunger striking does not grant him the right to end his administrative detention.
That was suspended early this month by the court, due to his failing health from the hunger strike.
However, the court also ruled against his release – regardless of whatever ploy he decides try – even if it results in his own death.
“At the end of the day, the petitioner holds the key to his health and well-being in his own hands, he and no other,” the court wrote in the decision.
An offer was made to release al-Qiq by May 1 if he ended his strike – but he allegedly refused unless the court released him immediately, and sent him to a hospital in the Palestinian Authority.
Due to classified evidence indicating al-Qiq is an “active Hamas agent involved in operational terror,” the High Court refused to release him.
Al-Qiq, a journalist for a Saudi television news station, has been taking plain water throughout his 83-day hunger strike.
But if al-Qiq chooses to continue refusing to eat as a protest of his administrative detention, then, ruled the court, “so be it.”
The decision came in the wake of numerous attempts by the court to compromise on the issue, the most recent just a day earlier.
On Tuesday, al-Qiq refused to be transferred to Arabic al-Makassid hospital in eastern Jerusalem. Instead, he sent a request through his lawyer to be sent to a hospital in the Palestinian Authority capital city of Ramallah.
At present, al-Qiq is hospitalized in The Emek Medical Center in Afula, and has vowed to strike until “martyrdom or freedom.”
Al-Qiq has a prior record of prison time, having been jailed in Israel in 2003, 2004 and 2008, according to AFP.Hana Levi Julian
A right-wing activist, Mordechai Meier (18), was released from administrative detention and isolation, after sitting in jail for 5 months – for nothing, according to his lawyers.
Meier was placed in administrative detention in August under orders from Defense Minister Moshe Yaalon, according to a TPS report.
A short time ago his lawyers were informed he was being released, as apparently the boy had no connection to any price tag attacks, as he had claimed all along.
According to the Honenu legal organization, the courts ordered him kept in jail without trial based on faulty information supplied by the Shabak.
Honenu lawyer Itzsik Bam is calling for a complete review of the administrative detention orders which led to his being held in jail for 5 months on no basis and based on faulty information that was presented to Yaalon and the courts.Jewish Press News Briefs
(JNi.media) Showing that some Israeli legislators can still recognize irony, as part of International Human Rights Day the Knesset’s State Control Committee debated on Tuesday the issue of Administrative Detentions. According to a Knesset Research and Information Center study, conducted at the request of MK Basel Ghattas (Joint Arab List), as of November 1, 2015, four Jews and 398 non-Jews were being held in Administrative Detention. A large percentage of the detainees are ages 18-30, and 34% of them have been held between six months and a year.
The issue of remand without charges has come up in recent weeks, following the incognito incarceration for as long as three weeks at this point, of at least three suspects of “Jewish Terrorism.” Interest in their detention has been mounting in the Israeli public, mostly on the right but as of Tuesday on the left as well, as the NGO B’Tselem, which most often takes up the plight of Arab security prisoners, has condemned the treatment of the Jewish suspects.
In defending its use of Administrative Detention, Israel declares itself a de facto occupier in Judea and Samaria, referring its use of Administrative Detention to Article 78 of the Fourth Geneva Convention 1949, which states that “If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.”
The legal basis for Israel’s use of Administrative Detention is the British Mandate 1945 Defense (Emergency) Regulations which were amended in 1979 to form the Israeli Law on Authority in States of Emergency. Administrative detention is often used for indefinite detention of Arabs members of terrorist organizations who are more often than not suspected of being involved in advocating and planning terrorist acts, rather than executing them. Administrative detention is also used in cases where the available evidence consists of information obtained by the security services (particularly the Shabak), and where a trial would reveal sensitive security information, such as the identities of informers or infiltrators.
Within Israel, the Defense Minister has the authority to issue Administrative Detention orders for up to 6 months in cases where there is a reasonable chance that the person harms the security of the state. The same Minister has the authority to renew such orders. Likewise, the IDF Chief of Staff can issue such orders, but valid for only 48 hours. Law enforcement authorities have to show cause within 48 hours (in a hearing behind closed doors). Administrative Detention orders can be appealed to the District Court and, if denied there, to the Supreme Court. The supervisory authority on the application of Administrative Detention rests with the Justice Minister.
In Judea and Samaria, any Israeli district army commander can issue an Administrative Detention order, and the order can be appealed at the Israeli district military court, or, if denied there, at the Supreme Court. The Administrative Detention order is valid for at most six months, but can be renewed by the appropriate authority.
In the Knesset’s State Control Committee debate, Meretz chairwoman MK Zehava Galon said ”I claim that what the Justice Ministry calls preventive arrest has become a system of punishment, mainly towards Palestinians in the territories. I oppose the administrative detention of Jews or Arabs. This is a revolting method that has no place in a civilized country. As a country that deals with terror, we are in a difficult position. While [the system] has received the approval of the High Court of Justice, I suggest that the state comptroller examine the sweeping, disproportionate use of administrative detention as a method of punishment. The use of Administrative Detentions should be annulled, and if the security agencies have any information regarding a possible terror-related event, they should arrest the [suspects].”JNi.Media
(JNi.media) The Knesset Constitution, Law and Justice Committee on Monday approved the extension by a year of a temporary order that allows interrogators to delay bringing a suspect in a security-related crime before a judge for 96 hours. The order further authorizes the court to extend a suspect’s remand in absentia.
The remand or detention of a suspect is the process of keeping a person who has been arrested in custody, prior to a trial, conviction or sentencing. The word “remand” is used generally in common law jurisdictions to describe pre-trial detention The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offense.
The prohibition of prolonged detention without charge, habeas corpus, was first introduced in England about a century after Magna Carta.
Israel, which sadly does not have a Magna Carta, is currently debating the arrest without charges, remand in absentia and prevention of seeing an attorney in the case of at least three Jewish suspects in the Duma Village arson investigation. In that case the suspects’ incarceration is entering its fourth week in incognito detention.
The existing law allows authorities, under certain circumstances, to delay a suspect’s arraignment, to keep a security-related suspect in custody for a longer period of time than a suspect in another type of crime, to hold hearings in absentia and to limit the suspect’s freedom to appeal court decisions regarding his or her arrest. In addition, the law requires the security bodies that make use of these freedoms to file a biannual report indicating how often this law was implemented.
Deputy Attorney General Raz Nazri said statistics indicate that the Shin Bet (General Security Service) is making use of the temporary order in a “logical and restrained” manner. In 2014, Nazri told the committee, the law was used in cases involving only 23 of 200 relevant detainees, “a relatively high figure compared with previous years.” This year has seen a significant reduction in the use of the law, Nazri said. “The law’s clauses were implemented this year in cases that involved only seven of 341 relevant detainees. The Shin Bet is using this special tool only to prevent the loss of life,” he argued.
In the spirit of Israel being “light unto the nations,” Nazri told the committee that countries around the world “want learn about our use of the anti-terror law.”
Addressing the investigation involving the Jewish suspects, Nazri said “there are no interrogations in the dark; the Shin Bet is not hiding anyone. All of the actions are being accompanied by the attorney general.” He admitted that in this case “irregular measures have indeed been taken, and clauses of the discussed law have been implemented.” In response to a question by MK Uri Maklev (United Torah Judaism), he said the suspects “have been allowed to put on Teffillin (phylacteries) and light [Hanukkah] candles. I personally spoke with the administrator at the facility in which they are being held. Terror is terror. There is no terror law for Arabs and a terror law for Jews. To our regret, there is also severe Jewish terror which sometimes justifies the use of these tools.”
Committee Chairman MK Nissan Slomiansky (Bayit Yehudi) refused to extend the temporary order by two years, as was initially requested. The committee unanimously approved its extension by one year. Addressing the Duma affair, Slomiansky said “if I will learn that there have been deviations from the law, I will hold a special meeting on the issue.”
MK Anat Berko (Likud) said “Jewish terror should be treated like terror, but we must remember that we are facing jihadist Muslim terror.”JNi.Media