July 5 , 2001

Al-Haq Demands the Release of Palestinian Human Rights Activist from Administrative Detention

Al-Haq supports the Palestinian Human Rights Monitoring Group’s call for the immediate release of Abed Rahman al-Ahmar from administrative detention. Al-Ahmar is being held without formal charge or trial under a six-month administrative detention order. The order was issued on July 2, 2001, and allows for the detention of Mr. al-Ahmar until January 1,2002. Al-Ahmar has been similarly detained on several other occasions. Most recently he spent two and a half years in administrative detention until his release in 1998. During that time he was tortured repeatedly by the General Security Services (GSS) and still suffers from chronic back problems that resulted from the torture. There is now new evidence that al-Ahmar has been tortured during his current stay in prison. On June 10, 2001 his attorney noted bruises on his wrists, and al-Ahmar told her that he had been shackled in tight handcuffs to a slanting chair for an entire day. This method of torture is known as “shabeh”, and was outlawed by the Israeli Supreme Court on September 6, 1999. Amnesty International has picked up his case, and he has now been adopted as a Prisoner of Conscience. 

The following information concerning al-Ahmar’s case was given to al-Haq by PHRMG. Mr. Abed Rahman al-Ahmar is a well-respected Palestinian human rights activist, who works as a field researcher for the Palestinian Human Rights Monitoring Group. Mr. al-Ahmar was first arrested by Israeli security forces on May 24, 2001, and has since been held in detention. After initially being held at the Gush Etzion military center he was transferred to the Russian Compound in Jerusalem on May 30, 2001 when his detention order was extended for an additional 20 days. 
This extension order was approved without the presence or knowledge of Mr. al-Ahmar’s lawyer, Attorney Yossi Schwartz. On June 18, 2001, following the end of the initial 20 day detention period a second hearing was held to determine whether to extend his detention. 
Attorney Allegra Pacheco, who is also working on this case, was notified of the hearing only hours before it took place. Although the GSS admitted that they had no incriminating evidence against Mr. al-Ahmar the judge extended his detention for another 15 days. An appeal of this decision was made, but was rejected by the Court on Friday June 22, 2001. When this last extension order ended on the evening of Monday July 2, 2001 the Israeli Military Commander Ariel Peleg, after consultation with his Legal Advisor and the GSS, issued the six-month administrative detention order. 

It is al-Haq’s contention that the use of administrative detention by the Israeli authorities in the Occupied Territories is a violation of the Fourth Geneva Convention. While Article 78 of the onvention allows such measures, the authorities are only permitted to use them when this is necessary for “imperative reasons of security.” Further, Article 6 of the Convention provides that such measures cannot be used after one year following the general close of military operations. 
According to al-Haq’s information approximately 13 people have been administratively detained since the outbreak of the current intifada. These detainees have included several human rights activists including Mr. Adnan al-Hajjar, a fieldworker with al-Mezan Center in Gaza, who was detained for several months before finally being released, and Mr. Naser Abu Khdeir, a former fieldworker for al-Haq, who is still in prison. 

If the Israeli military authorities wish to imprison Mr. al-Ahmar they must charge him, bring him to trial, present evidence related to the charges brought, and allow him the opportunity to defend himself adequately. It is unacceptable, both legally and morally, that he be denied the right to due process. Individual liberty cannot be sacrificed for a Government’s inability either to collect evidence or present it in an appropriate form. A government cannot be allowed to use the power of administrative detention to achieve the purposes that it wishes to achieve, without a formal trial. In this fashion the exercise of the power of administrative detention is not preventive but punitive. Israel must act immediately to rectify this situation. 

Al-Haq thus asks the International community, international human rights organizations, and concerned individuals to take action and demand the immediate release of Mr. al-Ahmar. We also ask that the International community demand that Israel respect Palestinians’ right to a fair trial, and request that they exert efforts aimed at ensuring that international humanitarian law and human rights standards are enforced in the Occupied Territories.