Press Release - October 20, 2003
On 19 October 2003, 3 military appeals court sessions, each including a 3-judge panel, heard legal arguments in protest of the proposed illegal deportation of 18 Palestinian administrative detainees to the Gaza Strip. The 18 administrative detainees have been held at Erez Military Detention Center since receiving the new deportation orders.
On 19 October 2003, 3 military appeals court sessions, each including a 3-judge panel, heard legal arguments in protest of the proposed illegal deportation of 18 Palestinian administrative detainees to the Gaza Strip. The 18 administrative detainees have been held at Erez Military Detention Center since receiving the new deportation orders.
The original assigned residence orders were issued in varying stages, with the majority of the detainees receiving their assigned residence orders on the morning of 14 October 2003. Ten detainees from Ketziot (Negev) Military Prison Camp were transferred before midnight the night before to Erez. The remaining detainees were later transferred, and orders for 3 more detainees were issued the same evening. The orders stated that the detainees had 48 hours to appeal the decision.
On 14 October 2003, the IDF Spokesperson announced that in “accordance with the authority granted to the military commander by both international and local law, GOC Central Command Major General Moshe Kaplinski has signed assigned residence orders for 15 administrative detainees involved in “terrorist” activities to be moved from the West Bank to the Gaza Strip.” The statement goes on to say, “assigned residence order is first and foremost a step to thwart ‘terrorist’ activity, and is designed to prevent those detainees from resuming terror activity. It should be stated this measure is only taken against operatives that cannot be charged due to limitations of revealing intelligence sources.” (Quotations and italics added)
Lawyers for the detainees submitted their appeals by Thursday 16 October 2003, so as to freeze the deportation orders until the Israeli High Court of Justice holds a session to review and rule on the cases. The military appeal hearing was set for 19 October.
Appeals were presented by the lawyers of administrative detainees, including advocates from Addameer, the Palestinian Center for Human Rights, and other independent lawyers.
The only fact linking all 18 detainees appears to be that their administrative detention orders end during the month of October. This is a dangerous precedent, as none of the administrative detainees is unique from the over 700 administrative detainees currently being held in Israeli prisons. If the transfer of the 18 administrative detainees is approved, it is feared that this new illegal policy will be used against all existing and future administrative detainees. In the past, this policy has been used and approved in 2 cases to date, that of Kifah and Intissar al Ajuri, who were first held in administrative detention and then subsequently deported to the Gaza Strip in 2002. Neither Kifah and Intissar were charged with a crime, as is the nature of administrative detention,
Israel, in implementing the ‘assigned residence’ orders to the Gaza Strip, has in effect transferred its own illegal policy of administrative detention to another illegal act – systematic arbitrary detention to transfer, both forms of collective punishment under international law. The fear is that transfer will become the norm. However, Israel, as an occupying power, is legally obligated within international law to ensure the rights of those under its occupation. Should the deportation orders become effective, those implementing the order must be held criminally responsible for their actions.
There are currently over 700 administrative detainees being held in Israeli prisons. The nature of administrative detention is such that an individual is held without charge or trial based on secret evidence that is not made available to the detainee or his/her lawyer. There are no charges brought against a detainee, and a detainee is often held under the euphemism of posing a threat to the security of the state. If the Israeli authorities are arguing that these administrative detainees, for whom there does not appear to be any systematic logic in the selection of the 18, pose such a severe threat to security, it is feared that this case and by this same logic will be used to open the door to forcible transfer of all administrative detainees.
Although the Israeli High Court of Justice does not consider the Fourth Geneva Convention as enforceable through its domestic courts, nor does it recognize all of the Fourth Geneva Convention to be applicable to the Occupied Palestinian Territories, it nonetheless used the Fourth Geneva Convention as the basis of arguments to justify the forcible transfer of both Kifah and Intisar Ajuri, who were both transferred on 4 September 2002 after being issued similar orders, thereby admitting the that 4GC was applicable.
List of 18 Palestinian Administrative Detainees who have received ‘assigned residence’ orders:
- Rami Fawwaz Hassan Hjeiji, from Qarawat Beni Zeid, Ramallah - ID Card# 904383379
Ramzi has been in administrative detention since 1 June 2002. His second 6-month administrative detention order expired on 17 October 2003. He was given a 2 year ‘assigned residence’ order. - Hussam Hamdallah Abdelqader ‘Odeh, from Kufr Thulth, Qalqilya - ID Card# 900709163
Hussam has been in administrative detention since 14 October 2002. His second 6-month administrative detention order expired on 14 October 2003. He was given a 2 year ‘assigned residence’ order. - Rasem Khattab Hassan Mustafa, from Nablus, ID Card# 905168084
Rasem has been in administrative detention since [have the detention date but ad order should Serving five months AD order. From 24 May original, not sure if this is date of arrest]. His administrative detention order expires on 23 October 2003. He was given a 2 year ‘assigned residence’ order. - Sami Hassan ‘Ali Sous, from Jenin Refugee Camp, ID Card# 907310957
His 6-month administrative detention order expires on 26 October 2003. - Shadi Isma’il Satti ‘Ayash, from Rafat, Salfit, ID Card# 910647999
Shadi has been in administrative detention since 14 October 2002. His second 6-month administrative detention order ends on 23 October 2003. He was given a 2 year ‘assigned residence’ order. - Hani Hamdi Hammid Rajabi, from Hebron, ID Card# 900137258
Hani has been in administrative detention since 5 September 2003. His 1-month administrative detention order ended 17 October 2003. Don’t have deportation order yet - Samer Abdelghaffar Fayyad Abu Zeina, from Hebron, ID Card# 996901914
Samer was placed in administrative detention on 22 May 2003, after a period of interrogation. don’t know how long AD order was for. - Munther Mohammad Younis Al Ju’bi, from Hebron, ID Card# 907598007
Munther has been in administrative detention since 23 May 2002. He was given a 2 year ‘assigned residence’ order. - Nasser Yousef Jum’a, don’t have any other info
- Lo’ai Da’oud
- Taha Dweik
- Samer Bader, Beit Liqya, Ramallah
- Raja Hirzallah, Bethlehem
- Mustafa ‘Abed, Tel, Nablus
- Ahmad Mishkah, Jenin
- Not available
- Not available
- Not available
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