A/HRC/37/42 since 6 November 2015 to protect him from the Israeli Security Forces after a friend of his reportedly committed an attack against Israelis in the West Bank. Mr. Tawfiq requested to be released on his own responsibility and, along with relatives, signed a waiver in July 2016. He was held against his will for a total of 15 months. Two months after being released by the Preventive Security Service, Mr. Tawfiq was arrested by the Israeli Security Forces. 2. Unlawful administrative detention practices 17. Administrative detention refers to the deprivation of liberty outside the context of criminal proceedings. It is usually based on an order issued by State executive authorities, generally without charges, indictment or trial before a criminal court. While not prohibited as such under international law, administrative detention is permitted only in exceptional circumstances and subject to stringent safeguards to prevent arbitrariness. 17 The Human Rights Committee considers that administrative detention presents severe risks of arbitrary deprivation of liberty. 18 Indeed, the practice may undermine most fundamental fair trial guarantees. Moreover, the uncertainty that such measures imply for the detainee in the absence of any charges, known evidence or trial, as well as of any foreseeable detention period, may amount to ill-treatment. Acknowledging the exceptional character of such measures, the law of occupation provides that a civilian may only be detained for imperative reasons of security.19 The practice of administrative detention by both the Israeli and the Palestinian authorities is a major factor perpetuating arbitrary detention in the Occupied Palestinian Territory. 20 Use of administrative detention by Israel 18. Concerns have repeatedly been voiced about the Israeli policy of administrative detention. 21 In 1998, the Human Rights Committee called on Israel to ensure that administrative detention be brought within the strict requirements of the International Covenant on Civil and Political Rights. 22 With no improvement evident by 2010, it called on Israel to refrain from using administrative detention, particularly for children.23 In 2014, the Committee called on Israel to end the practice of administrative detention. 24 The Committee against Torture has also repeatedly concluded that the use by Israel of administrative detention, particularly for inordinately lengthy periods, violates the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,25 and called upon Israel to urgently end this practice. 26 19. On 31 October 2017, Israel was reportedly holding 453 Palestinians in administrative detention, including at least 18 individuals detained on the basis of orders that were extended by 18 to 24 months. 27 17 18 19 20 21 22 23 24 25 26 27 International Covenant on Civil and Political Rights, art. 9; and Fourth Geneva Convention, art. 78. Human Rights Committee general comment No. 35 (2014) on liberty and security of person, para. 15. Fourth Geneva Convention, art. 78; see also the International Committee of the Red Cross commentary thereto, p. 367. Provisions of article 14 of the International Covenant on Civil and Political Rights on the right to a fair trial are applicable where sanctions, because of their purpose, character or severity, must be regarded as penal, even if, under national law, the detention is qualified as administrative (opinion No. 31/2017, para. 30). See A/HRC/34/38, paras. 53 and 56; A/HRC/34/36, paras. 22–24; A/71/355, para. 20; A/71/364, paras. 34–35; A/HRC/31/40, paras. 37–43; A/HRC/31/43, paras. 42–43; A/69/347, paras. 28–29; A/HRC/28/45, paras. 49–50; and A/HRC/28/80, paras. 32–33. See also the position of Israel on its practice of administrative detention. Available from www.law.idf.il/602-5089-en/Patzar.aspx. See CCPR/C/79/Add.93, para. 21. See CCPR/C/ISR/CO/3, para. 7 (b). See CCPR/C/ISR/CO/4, para. 10 (b). Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 16. See CAT/C/ISR/CO/4, para. 17; and CAT/C/ISR/CO/5, paras. 22–23. See www.hamoked.org/Prisoners.aspx; see also www.btselem.org/administrative_detention/statistics; and joint reporting by Palestinian Prisoners Commission, Addameer Prisoners Support and Human Rights Association, Al Mezan Center for Human Rights and Palestinian Prisoners Club. 5