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what people say about administrative detention: bt'selem On May 28, 1997, Israeli human rights organisation B'Tselem released Prisoners of Peace: Administrative Detention During the Oslo Process, a comprehensive report detailing Israel's use of this measure from September 1993 until the present. During this period an estimated 800 Palestinians were detained without charge or trial. Israel currently holds 249 Palestinians in administrative detention. While Israel released thousands of convicted Palestinian prisoners in the framework of the Oslo Accords, it continues to employ administrative detention on a large scale. The length of detentions has increased dramatically during the Oslo Period. Military commanders are empowered to detain individuals for periods up to six months. They may extend detentions for an unlimited number of additional six month periods. At least eleven detainees will spend over three years in administrative detention by the time their current order expires. Mahmud Zeid, for example, is currently serving his eighth extension and has been in administrative detention consecutively since August 1994. Over half of the administrative detainees have had their detention order extended at least once. This widespread use of extensions is unprecedented; while Israel detained large numbers of Palestinians during the intifada, only rarely were detainees held for extended periods. Israel makes sweeping use of its power to detain administratively, holding people for years without charge or trial. In this way, Israel makes a charade out of the entire system of procedural safeguards in both domestic and international law regarding the right to liberty and due process.
Administrative detention is not illegal under international law, which recognizes that under certain circumstances there may be no alternative to preventive detention. However, because of the serious injury to due process rights inherent in this measure and the obvious danger of abuse, international law has placed rigid restrictions on its application. International law requires that administrative detention be used solely as a short-term, exceptional preventive measure, in response to clear dangers to security. Administrative detention in the Occupied Territories does not meet these requirements. |
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