Wednesday, September 16

Administrative detention case submitted to the UN


[Ramallah, 16 September 2009] - On 15 September 2009, DCI-Palestine filed a submission with the UN Working Group on Arbitrary Detention on behalf of Mohammad Baran (UA 3/09), seeking the adoption of an Opinion by the UN body that Mohammad's administrative detention constitutes an arbitrary detention in contravention of international law.

On 1 March 2008, Mohammad was dragged from an ambulance by Israeli soldiers after injuring his hand when a domestic heater he was trying to fix exploded. Mohammad was interrogated for one hour whilst in hospital and accused of preparing a homemade explosive device. Mohammad denied the accusation and was slapped and threatened with solitary confinement unless he confessed. Mohammad maintained his innocence and refused to confess. Ten days later Mohammad was issued with the first of five administrative detention orders.

Mohammad has never been charged with any offence and has not been given the opportunity to challenge the accusations against him in open court. On 26 August 2009, Mohammad received his fifth administrative detention order for an additional three months. He has now been held without charge or trial for 19 months. It should be noted that were there sufficient evidence against Mohammad he could have been charged with preparing an explosive device under Israeli Military Order 378 and tried in the military courts.

Mohammad's latest administrative detention order is scheduled for review on 26 November 2009.

Administrative detention

Administrative detention is detention without charge or trial and is often based on 'secret evidence'. Israeli Military Order 1591 empowers military commanders to detain Palestinians, including children as young as 12, for up to six months if they have 'reasonable grounds to presume that the security of the area or public security require the detention'. The initial six month period can be extended by additional six-month periods indefinitely. This procedure denies the detainee the right to a fair trial and the ability to adequately challenge the basis of his or her detention.

There are currently around 387 Palestinian men, women and children in administrative detention. For more information visit the DCI-Palestine website at Freedom Now.

To take action, please follow this link and write to your elected representatives and/or the Israeli authorities demanding an end to the practice of detaining children without charge or trial in administrative detention.

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