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Photos:
Ofer Prison, archive photo. Credit: Olivier Fitoussi Published by Haaretz

The Ofer Military Court, last year. Credit: אוהד צויגנברג Published by Haaretz
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Head of Center for the Defense of the Individual says situation ‘unprecedented and worrying.’ Israeli army says: 'The number of administrative detainees reflects the security threat posed by each detainee'

by Hagar Shezaf
Aug 3, 2023 11:03 pm IDT

A quarter of all Palestinians being held in Israel prisons are administrative detainees – imprisoned without charges or trial – according to Israel Prison Service figures obtained by HaMoked, the Center for the Defense of the Individual.

The number of Palestinian administrative detainees as of August 1 stood at 1,201 – the highest number recorded since human rights organizations began collecting monthly data in 2001.

Administrative detainees are held under a procedure defined as “preventive detention,” which is based on intelligence that is not disclosed to the detainees or their lawyers. There are no evidentiary court hearings for their cases and the detainees’ lawyers are not privy to evidence against them, other than a short summary presenting the suspicions against their clients.

According to Prison Service figures, 5,014 Palestinians are currently incarcerated in Israeli prisons, 2,353 of whom have been tried and sentenced. A further 1,460 are defined as detainees whose legal proceedings are ongoing, while the remainder are administrative detainees. In addition to the Palestinian administrative detainees, there are currently eight Jews detained under administrative orders – the highest number in years.

According to Honenu – a legal aid group affiliated with the settlement movement that represents the eight Jews – this is the highest number of Jewish detainees held at any one time since the massacre carried out by Baruch Goldstein at the Cave of the Patriarchs in 1994. The latest administrative detentions of Jews were carried out following riots in Palestinian villages after a terrorist attack in the settlement of Eli.

Since the beginning of this year, there has been a steady increase in the number of Palestinian administrative detainees held in Israel. While human rights organizations began receiving monthly figures on the number of administrative detainees in 2001, one organization, B’Tselem, has figures going back to 1989. According to B’Tselem’s figures, in November 1989, during the first intifada, the number of administrative detainees was higher than the current figure, standing at 1,794.

Administrative detention is for a three-to-six-month period but is often renewed upon completion. The detentions are approved by judges who receive an order signed by the head of IDF Central Command, as well as receiving ex parte confidential intelligence material about the detainee. Court hearings on administrative detentions are closed to the public.

In principle, administrative orders in the occupied territories are signed by the head of Central Command (in practice, however, the orders are usually signed by an officer with the rank of colonel). Inside Israel, the authority to sign the order rests with the defense minister. When it comes to Israeli citizens, administrative detention orders must be reviewed by a district court president within 48 hours of their signing, while in the West Bank the order must be reviewed by a judge within eight days.

There are other additional differences in the judicial review of administrative orders in the West Bank and Israel. For example, in Israel, the law states that administrative orders should be brought for further review no later than three months from the moment of arrest, while in the West Bank the law requires further review twice a year. Thus, in practice it is often the case that no further review takes place.

Another difference is that while in Israel a Shin Bet representative will appear at the hearing and may be questioned by the presiding judge about the intelligence that led to the arrest, in the occupied territories, the established practice is that intelligence material is submitted in writing by the prosecutor without the presence of the Shin Bet, and thus there is no possibility for the presiding judge to directly question a representative of the body that provided the material. As part of the administrative detention process, judges also examine intelligence evidence that is inadmissible in criminal proceedings, including, inter alia, hearsay testimonies.

“Administrative detention is supposed to be an exceptional measure, but Israel uses it extensively for Palestinians,” explains Jessica Montell, executive director of HaMoked. “In the past year, it has crossed every boundary – a quarter of Palestinian detainees are in administrative detention. This is an unprecedented and worrying situation. We are talking about detention without trial based solely on classified material, without effective judicial review and which can be extended indefinitely. This is arbitrary and clearly unacceptable detention.”

The IDF spokesperson commented: “Administrative detention is only used when security authorities have reliable information indicating a clear and present danger posed by the detainee and a lack of other options to remove the danger. The number of administrative detainees reflects the security threat posed by each detainee.”

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