A/HRC/12/37
page 17
41. In the OPT, the Israeli military order allowing administrative detention states that persons
can be detained for up to six months, with the possibility of indefinite extension (to be decided
by the military commander in the region) where there is a “reasonable basis for believing that the
security of the region or public safety” so requires.69 In a letter to an Israeli NGO dated
21 January 2009, the Government of Israel stated that there were 546 Palestinians being detained
under administrative detention provisions. Of those 546, 42 had been detained for more than two
years.70 The number of administrative detainees declined steadily throughout 2008, from 813 in
January to the aforementioned 546 in December.71 By 31 March 2009, there were 506
administrative detainees in Israeli prisons, including 2 children, out of a total of 7,884
Palestinians detained in Israel, of which 408 were children.72
42. The Israeli practice of administrative detention as described above is in violation of several
provisions of article 9 of ICCPR, which prohibits arbitrary detention and states, inter alia, that
“[a]nyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest”
and that “[a]nyone arrested or detained on a criminal charge shall be … entitled to trial within a
reasonable time or to release”. Although Israel has notified other States parties of its derogation
from article 9 due to the existence of a state of emergency, the Human Rights Committee has
expressed concern that the derogation limits the effectiveness of judicial review, thus
endangering protection of other, non-derogable provisions of the Covenant.73 More recently, in
May 2009, the Committee against Torture reiterated its concern that administrative detention as
practised by the Government of Israel does not conform to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and that it “deprives detainees of
basic safeguards including the right to challenge the evidence which is the basis for the
detention, warrants are not required, and the detainee may be de facto in incommunicado
detention for an extended period, subject to renewal”.74 The Human Rights Committee, in its
69
Ibid.
70
http://www.btselem.org/English/Press_Releases/20090205.asp.
71
IDF Spokesperson’s Office’s letter to B’Tselem, 21 January 2009 and B’Tselem, published at
www.btselem.org/English/Administrative_Detention/Statistics.asp.
72
B’Tselem, http://www.btselem.org/english/statistics/Detainees_and_Prisoners.asp and
http://www.btselem.org/english/statistics/Minors_in_Custody.asp. This figure does not include
those held in IDF facilities.
73
Concluding observations of the Human Rights Committee on the second periodic report of
Israel (CCPR/CO/78/ISR), para. 12. In its third periodic report to the Human Rights Committee,
submitted in July 2008, the Government of Israel said that a state of emergency may be declared
by the Knesset (the Israeli parliament) for a period of one year, a state which has been renewed
annually since 1997 (CCPR/C/ISR/3, para. 157), and that the Government and the Knesset are
working jointly to complete the needed legislative procedures required to end the state of
emergency (ibid., para. 159).
74
Concluding observations of the Committee against Torture on the fourth periodic report of
Israel (CAT/C/ISR/CO/4), para. 17.
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