An Open Letter to the Defense Minister

Dear Minister,

Today, some 300 Palestinian detainees are being held in prisons in Israel, without trial, under administrative detention. Many have been in detention for a year, two years, three and even close to five years.

None of the administrative detainees have been provided with the reason for their detention: the information against them is classified. Hence neither the detainees nor their lawyers are able to confront the allegations. Moreover, none of the detainees know when they will be released; theoretically their detention can be prolonged indefinitely.

International law, including treaties which Israel has signed, allows the use of administrative detention only in cases of emergency, for limited periods of time, as a preventive measure only - not as a punishment. There can be no doubt that administrative detention which lasts for years does not fall within these criteria. The use of administrative detention as punishment, whether against Palestinians or Israelis, is totally unacceptable, legally, practically and morally.

Out of deep concern for the protection of Israel’s moral fiber, we call upon you to act urgently in one of two ways:

• if there is evidence against the administrative detainees, bring them to trial without delay;
• if not, release them at once.

Signed,

Judge Haim Cohen, Former Deputy Supreme Court President
Prof. Yosef Edri, Haifa University, Faculty of Law
Prof. Aharon Ankar, Bar-Ilan University, Faculty of Law
Prof. Ruth Gavison, Hebrew University of Jerusalem, Faculty of Law
Prof. Eliezer Lederman, Tel Aviv University, Faculty of Law
Prof. Menachem Mautner, Tel Aviv University, Faculty of Law
Prof. Uriel Procaccia, Hebrew University of Jerusalem, Faculty of Law
Prof. Claude Klein, The Management College, Faculty of Law
Prof. Mordechai Kremnitzer, Hebrew University of Jerusalem, Faculty of Law
Prof. Yoram Shahar, The Interdisciplinary Center of Herzylia, Faculty of Law
Prof. Yedidia Stern, Bar-Ilan University, Faculty of Law

Published in Ha’aretz, February 5 1998