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February 9, 2016 / 30 Shevat, 5776

Posts Tagged ‘Administrative Detention’

Knesset Committee Asking State Comptroller to Review Administrative Detention

Wednesday, December 16th, 2015

(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].”

Knesset Committee Extends Security Prisoners’ 96-Hour Remand by 1 Year

Tuesday, December 15th, 2015

(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.”

Five Palestinian Administrative Detainees Begin Hunger Strike

Tuesday, September 1st, 2015

(JNi.media) Five administrative detainees in Ketziot Prison in the Negev desert, some 45 miles south-west of Beer Sheva, on Monday started a hunger strike, according to the Israeli Prison Service. Palestinian media reported that five are members of the Islamic Jihad, and that they have been on a hunger strike for 11 days already. However, the IPS insists they only began their strike on Sunday morning this week. The five detainees are protesting their imprisonment without a trial.

Administrative detention is the arrest and confinement of individuals by the state without trial, usually for security reasons. A large number of countries, both democratic and undemocratic, resort to administrative detention as a means of combating terrorism, fighting illegal immigration, or to stifle political opposition.

Many inside Israel suggest it is one of the democracies which utilize imprisonment without trial to all three ends. 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 most often used for the indefinite detention of Palestinian prisoners—the ratio is about 20-1 compared with Jewish detainees. It is also used in cases where the available evidence consists of information obtained by the security services (Shin Bet), and where a trial would reveal sensitive security information, such as the identities of informers or infiltrators.

Recently there has been a significant increase in the number of Jewish detainees, although in most of these cases the detention is in the form of house arrest, or prohibition to enter Judea and Samaria and to associate with other Jewish detainees.

Two weeks ago, the Supreme Court quashed the administrative detention order issued against Muhammad Alan, a Palestinian lawyer who maintained a hunger strike of some 65 days in protest at being held in prison without trial. The decision of a panel of three High Court justices determined that Alan’s serious medical condition, a consequence of his hunger strike, was cause to suspend his arrest warrant.

Alan, who also belongs to the Islamic Jihad, has since ended his hunger strike, but told the Hamas journal “Al-Risala” that, should he be re-arrested, he’d start a new hunger strike again, “until the end of the tragedy of the thousands of prisoners in the jails of the occupation.”

Before being detained, Alan spent three years in jail on the charge of recruiting a suicide bomber.

Surreal: Israeli Police Raids Conference Against Anti-Democratic Administrative Detention

Thursday, August 27th, 2015

(JNi.media) Large police forces as well as a SWAT team on Thursday surrounded the community center at the village of Nof Ayalon near Modi’in, inside the 1949 armistice “green line.” The center was hosting a conference of right wing activists, rabbis and public figures, who gathered to debate the sharp rise in the issuing of administrative detention orders by the Israeli government. Police detained two (although there were reports of four) activists who have been expelled from Judea and Samaria attended the conference, although there presence there did not violate the orders against them.

Among the better known activists at the conference were Professor Hillel Weiss, Torah scholar and writer Rabbi Yoel Schwartz—a co-founder of the IDF Nahal Haredi battalion, former MK Michael Ben-Ari, Lehava leader Ben-Zion Gopstein, Noam Federman, Baruch Marzel, attorney Yitzhak Bam, and “hilltop youth” activist Meir Bartler.

Honenu legal aid society chairman Shmuel Medad, who attended the conference, wrote on his organization’s Facebook page, “The landlord is crazy (an Israeli expression meaning the government has lost it). It appears that even a conference against administrative decrees is not to the liking of the Israel Police. Unfortunately, the police receive instructions to act as if there are no restrictions on their force and no limitations on their resources.”

A senior police official confirmed to Maariv that forces were active in the village, and said, “The event was attended by young people who have recently accepted administrative orders. The orders include a prohibition on contacting other activists. These are activists who had violated the ban and met each other in this place. Troops arrived to carry out arrests following a breach of the order. Two activists have been arrested.”

Despite their claim to justification, police confiscated video cameras and erased records of their raid, saying the clips would expose clandestine members of the Jewish division of Shin Bet.

Update: Iron Dome Anti-Missile Batteries Deployed in Southern Israel

Thursday, August 20th, 2015

Iron Dome anti-missile defense systems were deployed Thursday in areas between the coastal port cities of Ashkelon and Ashdod. The system was also deployed Thursday in the northern Negev city of Be’er Sheva, where the system has not been deployed since last summer’s Operation Protective Edge against Hamas and allied terrorists in Gaza.

Security coordinators for communities in the Gaza Belt and other districts in southern Israel have been warned of possible rocket fire by Gaza terrorists.

Rocket fire was launched at northern Israel from the Syrian side of the border late Thursday afternoon. Two rockets exploded in open fields in the Galilee Panhandle, setting ripening crops ablaze. Two more rockets exploded in the Golan Heights and ignited fires in fields there as well. Firefighting crews were backed by by firefighter aircraft in helping to extinguish the flames.

Israel Defense Forces and local security personnel have been placed on high alert in response to the deteriorating health condition of Palestinian Islamic Jihad terrorist Mohammed Alla’an, hospitalized at Barzilai Medical Center.

The Gaza-based, Iranian-backed PIJ terror group has threatened to launch attacks against Israel if the hunger-striker dies.

Alla’an, who was held on administrative detention in connection with terror activity, has caused himself brain damage after refusing to eat for more than 60 days. It is not clear whether or not the damage is reversible.

Israel’s High Court of Justice order the state to suspend Alla’an’s detention and to allow his family unrestricted visitation. However, he and his family will need to seek permission from the Court if he chooses to seek leave or seek care elsewhere.

Alla’an was resedated Wednesday evening for the second time in a week due to his medical condition.

Minister Uri Ariel: Keep Administrative Detention for ‘Time Bombs’

Thursday, August 20th, 2015

Hunger-striking Palestinian Islamic Jihad administrative detainee prisoner Mohammed Alla’an is still in very serious condition at Barzilai Medical Center, but is not being force-fed, and technically he is free at this time.

The High Court of Justice has suspended his administrative detention after it became clear that his medical condition had deteriorated and he had caused himself brain damage as a result of refusing food for more than 60 days.

Attorneys for the suspected terrorist and for the state have been debating over what has been the core cause of Alla’an’s condition — his hunger strike or the administrative detention that led him to refuse food in a bid for freedom.

Few are pointing to the behavior that led to the administrative detention in the first place, in part because the evidence has not been made public.

Agriculture Minister Uri Ariel told Galei Tzahal Army Radio in an interview this morning (Aug. 20) he opposes the use of administrative detention except for when the suspect can be classified as a “ticking time bomb.”

“The State of Israel resorts to the practice of administrative detentions too easily and too often,” Ariel said. “It should only be used in cases in which there is an imminent threat of an attack.”

Ariel said the state, rather than the High Court, has mishandled the current situation with the hunger-striking Alla’an.

“My problem is not with the High Court of Justice,” the minister said. “It’s the fact that the representatives of the state don’t force-feed him and make sure that [Allan] stays alive.”

“They can’t find any doctor in the entire country willing to force-feed him,” Ariel said. “It boggles the mind. The situation that has been created is more than strange.”

6 Months’ Jail Without Trial for Jewish Teen Linked to Church Arson

Wednesday, August 5th, 2015

Ma’ale Adumim resident Mordechai Meir, 18, will be held for the next six months without trial under an administrative detention order signed by Defense Minister Moshe Ya’alon, according to a statement issued by the Defense Ministry.

Meir was placed under routine house arrest on Monday in connection with the arson attack on the Church of the Multiplication of Loaves and Fishes at Tabgha on the shores of the Sea of Galilee (Lake Kinneret), near Tiberias. He was also banned from traveling to specific areas due to his alleged involvement in the arson.

A second suspect, Aviatar Slonim, was also arrested for participation in a violent radical Jewish organization. He too was banned from traveling to Judea, Samaria and Jerusalem.

“Minister Ya’alon signed the six month administrative detention order for the radical right wing activist Mordechi Mayer from Ma’ale Adumim due to his participation in the violent actions and terror attacks and violence which occurred recently as a member of a Jewish terror group. The order was signed at the recommendation of the Israel Security Agency / Shin Bet,” the Defense Ministry said in its statement.

Meir was jailed under authorization granted Tuesday to Ya’alon by Attorney General Yehuda Weinstein, who legalized implementation of administrative detention orders against persons of interest, including Jews suspected of terror activity.

The Honenu organization that works to defend the civil rights of detainees, said in a statement responding to the detention:

“The fact that the same youth received a house arrest order only two days ago and now is already being “upgraded” to administrative detention points towards a populist agenda within law enforcement. We firmly object to the use of administrative detention against Jews. The use of these draconian orders, circumvents the court system, and nullifies the courts role in the state.”

The move follows by one day the arrest of 24-year-old Meir Ettinger, the grandson of the late Rabbi Meir Kahane, on suspicion of involvement in nationalist crimes. Ettinger, who was arrested in Tzfat, has been barred from Judea and Samaria since January.

Printed from: http://www.jewishpress.com/news/breaking-news/6-months-jail-without-trial-for-jewish-teen-linked-to-church-arson/2015/08/05/

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