A/HRC/31/40
on 11 October 2015, an Israeli airstrike directly hit a Palestinian home in Zeitoun, west of
Gaza City, killing a pregnant woman and her 2-year-old daughter. IDF claimed they had
targeted a known “weapons production site”.40 However, OHCHR did not find any
indications of such facilities in the vicinity of the attack, which only impacted the family’s
home, a civilian structure, which, under international law, should not be targeted.
55.
IDF also reportedly conducted 46 incursions, up to 300 metres into Gaza, levelling
the ground and compromising access of local farmers to their livelihoods.
B.
Palestinian authorities
1.
Arbitrary detention and administrative detention
56.
During the reporting period, OHCHR documented cases of arbitrary arrests and
detentions, mainly of persons affiliated with opposition groups. In particular, mass arrests
of individuals with alleged links to Hamas and Islamic Jihad were carried out in early
March and early July 2015 in the West Bank.
57.
An emblematic case is that of two Hamas activists who were arrested by the General
Intelligence Service (GIS) in early February 2015, in Hebron, on charges of money
laundering. GIS failed to respect a court order on 18 February for their release on bail and
the two men remained in detention on new grounds, namely for “inciting sectarian strife”.
The following day, the prosecution introduced an additional indictment for possession of an
unlicensed weapon. On 22 February, the two men were granted bail by the court on all
charges. Despite the rejection of the prosecution’s appeal, they remained in detention until
3 March.
58.
OHCHR inquiries into a number of similar cases revealed that, although the
detainees were expecting to be released on bail, their continued detention was sanctioned
by administrative orders issued by provincial governors (see A/HRC/28/80, para. 46).
Administrative detention also appears to be regularly used to cover the initial days after the
arrest, effectively sidestepping the important safeguard of being promptly brought before a
judge (art. 9 (3) of the International Covenant on Civil and Political Rights). The
Palestinian Independent Commission for Human Rights thus registered 75 complaints of
administrative detention during the reporting period. 41 A majority of detainees interviewed
by OHCHR also appear to have been held administratively at some stage, while
international human rights law stresses the exceptional nature of such detention.
59.
OHCHR is concerned about the practice by Palestinian security agencies of
detaining people “for their own security”. For instance, Islam Hamed was not released after
the completion of a three-year sentence, despite an order from the Palestinian High Court,
on 24 November 2014, that his continued detention was illegal. GIS informed OHCHR that
the continued detention was for Mr. Hamed’s own safety, as he was under threat from the
Israeli security forces. He was eventually released on 21 July 2015, after a two-month
hunger strike, when his family had signed a waiver absolving the Palestinian Authority of
any liability for his safety. OHCHR has documented other cases where detentions are
reported to have taken place “under the order of the Head of Agency”, referring to GIS and
the Preventive Security Service. The legal basis of such detentions is unclear.
40
41
12
See www.idf.il/1133-22784-he/Dover.aspx (available in Hebrew only).
Monthly reports on website.
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