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Administrative Detention in the Occupied Palestinian Territory

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Administrative Detention in the Occupied Palestinian Territory Addameer Prisoner Support and Human Rights Association Addameer Prisoner Support and Human Rights Association Addameer is a Palestinian non-governmental, civil institution that focuses on human rights issues. Established inAddameer 1992 by ais group a Palestinian of activists non-governmental, interested in human civil institution rights, the thatcenter focuses offers on support human torights Palestinian issues. Establishedprisoners and in ADMINISTRATIVE DETENTION detainees, advocates for the rights of political prisoners, and works to end torture through monitoring, legal 1992 by a group of activists interested in human rights, the center oers support to Palestinian prisoners and procedures and solidarity campaigns. detainees, advocates for the rights of political prisoners, and works to end torture through monitoring, legal Addameerprocedures is and surrounded solidarity by campaigns. a group of grassroots supporters and volunteers, Addama’er, who share Addameer’s beliefs and goals, actively participate in its activities, and endeavor to support Addameer both financially and IN THE OCCUPIED morally.Addameer is surrounded by a group of grassroots supporters and volunteers, Addama’er, who share Addameer’s Addameerbeliefs and is goals, a member actively of theparticipate Palestinian in its NGO activities, Network, and the endeavor Palestinian to supportCoalition Addameer for the Defense both nancially of Civil Rights and andmorally. Liberties, and the Regional and International Coalition to Abolish the Death Penalty. Addameer is also a PALESTINIAN TERRITORY memberAddameer of isthe a memberInternational of the Network Palestinian against NGO Torture. Network, the Palestinian Coalition for the Defense of Civil Rights Addameerand Liberties, (Arabic and forthe conscience)Regional and believes International in the Coalitionimportance to Abolishof building the Deatha free andPenalty. democratic Addameer Palestinian is also a societymember based of the on International justice, equality, Network rule against of law Torture.and respect for human rights within the larger framework of the right to self-determination. Addameer (Arabic for conscience) believes in the importance of building a free and democratic Palestinian society Between Law and Practice Addameerbased on justice, strives equality, to: rule of law and respect for human rights within the larger framework of the right to self-determination.• End torture and other forms of cruel, inhuman or degrading treatment or punishment Addameer• Abolish strivesthe death to: penalty • · EndEnd torture arbitrary and detention other forms and of arrests cruel, inhuman or degrading treatment or punishment • · AbolishGuarantee the deathfair, impartial, penalty and public trials • · EndSupport arbitrary political detention prisoners and byarrests providing them with legal aid and social and moral assistance and undertaking · Guaranteeadvocacy fair,on their impartial, behalf and public trials • · SupportPush for political legislation prisoners that guarantees by providing human them rightswith legal and aidbasic and freedoms social and and moral ensure assistance its implementation and undertaking on advocacythe ground on their behalf • · PushRaise for awareness legislation of thathuman guarantees rights and human rule of rights law issues and basic in the freedoms local community and ensure its implementation on the • groundEnsure respect for democratic values in the local community, based on political diversity and freedom of · Raiseopinion awareness and expression of human rights and rule of law issues in the local community • · EnsureLobby respect for international for democratic support values and in solidarity the local community,for Palestinians’ based legitimate on political rights diversity and freedom of opinion and expression Addameer’s programs: · Lobby for international support and solidarity for Palestinians’ legitimate rights 1. Legal Aid: Addameer provides free legal counseling and representation to Palestinian detainees and their families. Services include legal defense; regular visits to prisons, detention and interrogation centers; Addameer’ssubmission programs: of petitions and complaints against cases of torture, ill-treatment and other violations. 2.1. Research Legal Aid: and Addameer Documentation: provides Addameerfree legal counselingdocuments and violations representation committed to Palestinianagainst Palestinian detainees detainees, and their ADDAMEER PRISONER SUPPORT AND HUMAN RIGHTS ASSOCIATION monitorsfamilies. theirServices detention include conditionslegal defense; through regular regular visits lawyers’ to prisons, visits, detention and collects and statisticsinterrogation and centers;lists of detainees,submission providing of petitions the and basis complaints for the publication against cases of research of torture, papers ill-treatment and reports. and other violations. December 2010 3.2. Advocacy Research and Documentation:Lobbying: Addameer Addameer publishes documents statements violations and committedurgent appeals against on Palestinianbehalf of detainees,detainees, submitsmonitors alternative their detention reports conditions and complaints through to regular the United lawyers’ Nations visits, and and othercollects international statistics and forums, lists of anddetainees, briefs internationalproviding the delegations basis for the as publication well as the of media research on papers the situation and reports. of Palestinian prisoners. The advocacy and lobbying unit also works towards building local, Arab and international solidarity campaigns to oppose 3.torture Advocacy and and arbitrary Lobbying: detention Addameer while publishes supporting statements the rights and of Palestinianurgent appeals prisoners. on behalf of detainees, submits 4. Trainingalternative and reports Awareness: and Addameercomplaints raisesto the local United awareness Nations regarding and other prisoners’ international rights onforums, three andlevels: briefs by traininginternational Palestinian delegations lawyers as onwell the as lawsthe media and procedures on the situation used ofin PalestinianIsraeli military prisoners. courts Theto improveadvocacy their and efficiency;lobbying unit by also increasing works towards the prisoners’ building local,own knowledge; Arab and international and by reviving solidarity grassroots campaigns human to oppose rights tortureactivism andand volunteerismarbitrary detention and working while supporting closely with the rightscommunity of Palestinian activists prisoners. to increase their knowledge of civil and 4.political Training rights and fromAwareness: an international Addameer humanitarian raises local awareness law and international regarding prisoners’ human rights rights perspective. on three levels: by training Palestinian lawyers on the laws and procedures used in Israeli military courts to improve their eciency; by increasing theAddameer prisoners’ Prisoner own knowledge;Support and Humanand by Rightsreviving Association grassroots human rights activism and volunteerism and working closelyRamallah, with Rafidein community Sq., Sebatactivists Bldg., to 1st increase Floor, Suite their 2 knowledge of civil and political Tel: +972 (0)2 296 0446 Fax: +972 (0)2 296 0447 rights from an international humanitarian law and international human rights perspective. Postal Address: P.O. Box 17338 Jerusalem General email: [email protected] Website: www.addameer.info Addameer Prisoner Support and Human Rights Association Ramallah, Radein Sq., Sebat Bldg., 1st Floor, Suite 2 Tel: +972 (0)2 296 0446 Fax: +972 (0)2 296 0447 Postal Address: P.O. Box 17338 Jerusalem General email: [email protected] Website: www.addameer.info Stop Administrative Detention Administrative Detention in the Occupied Palestinian Territory Between Law and Practice Addameer Prisoner Support and Human Rights Association December 2010 Addameer Prisoner Support and Human Rights Association 2009 © P.O.Box 17338, Jerusalem Tel: +972-2-2960446 Fax: +972-2-2960447 E-mail: [email protected] www.addameer.info .Ramallah, Al Masyoun, Rafidein Sq., Edward Said St Sebat Bldg., 1st Floor, Suite 2 This study was written and researched by Addameer Prisoner Support and Human Rights Association as part of its campaign to stop administrative detention in the occupied Palestinian territory. It was published through the generous support of the Spanish Agency of International Cooperation for Development, the Ministry of Foreign .Affairs of the Government of Spain and Solidaridad Internacional Disclaimer The views expressed in this study are those of the authors and do not necessarily express the positions of the Spanish Agency of International Cooperation for Development, the .Ministry of Foreign Affairs of the Government of Spain and Solidaridad Internacional Design & Printing by Administrative Detention in the Occupied Palestinian Territory Between Law and Practice TABLE OF CONTENts PREFACE 5 INTRODUCTION 7 Statistics 9 GENEral PRINCIPLES GOVERNING ADMINistratiVE DETENTION 11 • Administrative Detention Is an Exceptional Measure 11 • Administrative Detention Is Not a Substitute for Criminal Prosecution 11 • Administrative Detention Must Be Ordered on an Individual Basis 12 • Administrative Detention Must Cease as Soon as the Reasons for it Cease to Exist 12 • Administrative Detention Must Conform with the Principle of Legality 12 ProcEdural SAFEGuards FOR ADMINistratiVE DETENTION 14 • The Right to Know the Reasons for Administrative Detention 14 • The Right to Be Registered and Held
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