Annual Report - Palestinian Center for Human Rights

cannot be deviated from under any circumstances, as confirmed in article 2 of the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment: “No exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal political instability or any other public emergency, may be
invoked as a justification of torture.”
Administrative Detention
Administrative detention has been used by IOF to arrest and detain Palestinians
without charge or trial for long periods. Current administrative detention orders
permit for periods of detention of up to 6 months that are indefinitely renewable
without reference to charge or trial. These orders are issued by Israeli district military
commanders in the West Bank and Gaza Strip. 33 By the end of 2005, at least 700
Palestinians were still in custody under administrative detention orders issued by IOF.
Administrative detention violates the Fourth Geneva Convention, whose article 78
prohibits the use of this measure as a form of punishment, which should only be used
as an exceptional measure for "imperative reasons of security".
With the implementation of the concept of "illegitimate combatant", Israel would
maintain the essence of administrative detention, but in a new guise to overcome
international law. In this context, PCHR is gravely concerned over the cases of Riad
Sa'di 'Ayad, 32, and Hassan Mas'oud 'Ayad, 33, both from Gaza, who have been held
under administrative detention. The IOF Chief of Staff issued decisions ordering their
continued detention considering them "illegal combatants". Riad 'Ayad was arrested
by IOF on 1 January 2002, and on 17 March 2002, he was placed under a renewable
6-month administrative detention. He has been detained without any charge. With
regard to Hassan 'Ayad, he was arrested by IOF on 24 January 2003, and he was
placed under a renewable 6-month administrative detention without any charge on 24
February 2003. On 12 September 2005, the same day of the declaration of the end of
Israeli military government in the Gaza Strip, the IOF Chief of Staff ordered to
continue the detention of Riad and Hassan in accordance with the aforementioned
law, instead of releasing them like three other prisoners from the Gaza Strip, who had
been held in administrative detention.
33
This excludes East Jerusalem, where the orders are issued by the Israeli Defense Minister, as in
Israeli cities.
44