Administrative detention

Last updated

Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries [1] claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime. [2]

Contents

In a number of jurisdictions, unlike criminal incarceration (imprisonment) imposed upon conviction following a trial, administrative detention is a forward-looking mechanism. While criminal proceedings have a retrospective focus – they seek to determine whether a defendant committed an offense in the past – the reasoning behind administrative detention often is based upon contentions that the suspect is likely to pose a threat in the future. It is meant to be preventive in nature rather than punitive (see preventive detention). The practice has been criticized by human rights organizations as a breach of civil and political rights.

In other jurisdictions it is retrospective, i.e., it is a form of punishment for a certain category of offenses.

Counter-terrorism

Administrative detentions are defined in the law of many of the world's states. In democratic countries using administrative detention as a counter-terrorism measure, the rationale given by its proponents is that legal existing systems are ill-suited to handle the specific challenges presented by terrorism. Proponents of administrative detention maintain that criminal law's reliance on defendant rights and strict rules of evidence cannot be used effectively to remove the threat of dangerous terrorists. Some of the reasons often used to support this claim are that the information used to identify terrorists and their plots may include extremely sensitive intelligence sources and methods, the disclosure of which during trial would undermine future counter-terrorism operations. It is also claimed that the conditions under which some suspected terrorists are captured, especially in combat zones, make it impossible to prove criminal cases using normal evidentiary rules. [3] Proponents also maintain that criminal prosecution is designed primarily to punish past behavior, thus it is deliberately skewed in favor of defendant, in order to assure that few, if any, innocents are punished. Counter-terrorism, on the other hand, aims to prevent future action, and thus requires a system that is weighed more heavily toward reducing the possibility of future harm, by ensuring that no guilty party will go free.

The Laws of War are also seen by the proponents as inadequate. These laws allow the capture of enemy fighters, and also allow holding them for the duration of hostilities without trial. However, these laws grew out of the need to regulate combat between professional armies accountable to a sovereign state, who were engaged in combat of possibly lengthy, but finite duration. Attempting to apply these laws to terrorists who are intermingled with a civilian population and accountable to no-one opens the possibility of indefinite detention without trial, combined with a substantial likelihood of error. [4]

Opponents of administrative detention challenge the above assumptions. While acknowledging the need to protect the sources and methods used to obtain sensitive intelligence, they maintain that existing laws, such as the Foreign Intelligence Surveillance Act (FISA) and the Classified Information Procedures Act (CIPA), successfully balance the need to protect sensitive information, including the sources and means of intelligence gathering, with defendants' fair trial rights. They point to the historical record of prosecutors who were able to obtain convictions against terrorists on the basis of existing laws. [5] Opponents maintain that in essence, administrative detention is a form of collective punishment. Since it does not require proof of individual guilt, it attributes to all members of a group the actions of a few.

Immigration control

Many countries utilize administrative detention to hold illegal immigrants – those arriving at a country's borders without proper authorization – as an interim step to either deportation or the obtainment of proper legal status. Immigration detention is controversial because it presents a clash between traditional notions of individual liberty and the territorial sovereignty of states. Comparative studies on administrative detention practices of different countries found that those experiencing large-scale influxes of illegal migrants by sea (such as the United States and Australia) typically have the most draconian systems. Proponents of administrative detention for illegal immigrants claim that detention is required since these immigrants have not committed any crime for which they could be prosecuted under existing laws, and that allowing them to await their potential deportation while not in custody runs a risk of their absconding. Opponents maintain that alternatives to detention exist, and that such alternatives are preferable because they do not violate personal liberty, as well as being less of a financial burden to the state. Among the alternatives suggested are supervised release to a non-governmental organization (NGO), the release into the custody of a private citizen who will guarantee the immigrant's participation in immigration hearings, and "open detention" centers with mandatory reporting requirements. [6]

Protection of the ruling regime

In many non-democratic countries, administrative detention is used by the ruling regime to suppress dissent and sanction opponents of the government. In Asia in particular, administrative detention was first introduced by the British and French colonial authorities prior to and during World War II. Created as a mechanism to control political dissent, it has ironically survived and made its way into the law books of the now-independent former colonies, who legitimized its use against their own political opponents in their constitutions. [7] In many cases, they were and are codified as "emergency measures" or "internal security" acts. Bangladesh, India, Malaysia, Myanmar, Pakistan, Singapore and Sri Lanka are notable examples of such former colonies who hold political prisoners under administrative detention which has its legal roots in British colonial practices. [7] [8] Vietnam is an example where administrative detention was widely used by the French colonial authorities in the 1930s, to arrest those suspected of Communist activities. Post-independence, the now-ruling Communist authorities have employed very similar means to detain those suspected of "counter-revolutionary" offenses. [9] Some of these political prisoners, such as Aung San Suu Kyi in Myanmar, have become known worldwide due to the detention, and their cause is championed by human rights organizations.

Instances

Armenia

Armenia has been criticized by Human Rights Watch for not fully reforming the legal framework it inherited from the former Soviet Union, and failing to bring its administrative detention system into accord with prevailing international norms. During the 2003 Presidential elections, Armenian police arbitrarily applied the Code of Administrative Offenses, under which administrative detention is authorized, to lock up dozens of opposition activists and supporters for periods of up to fifteen days. [10]

Australia

Like many other countries experiencing large scale illegal immigration, such as Canada and the United States, Australia has a system of mandatory administrative detention for illegal immigrants, or asylum seekers who arrive at its shores without proper visas. [11] The legal basis for this system is found in Australia's Migration Act 1958 (Cth), which authorized the indefinite detention of an unlawful non-citizen who can not be deported immediately. [12] Human Rights Watch criticized this Australian policy, claiming it seriously contravenes Australia's obligations to non-citizens, refugees and asylum seekers under international human rights and refugee law. Additionally, opposition to the system on humanitarian grounds came from a range of religious, community and political groups including the National Council of Churches in Australia, Amnesty International, the Australian Greens and Rural Australians for Refugees

Brazil

Administrative detentions in Brazil are admitted only for members of the military. Any member of the Brazilian Armed Forces may be imprisoned if found to be repeatedly in violation of the Military Disciplinary Regulations (Regulamento Disciplinar) by his or her superiors. Each military branch has issued a list of "transgressions" in their Disciplinary Regulations. The harshest punishment of this kind, in the Brazilian Army, is a 30-day imprisonment penalty.

Notwithstanding, members of the Brazilian Armed Forces under administrative detention may be granted a habeas corpus by the justice system to deliver them from imprisonment. They retain their full rights as citizens.

China

The use of administrative detention in China has been commonplace since before 1949. At that time, it was used primarily against minor offenders as well as against opium addicts, prostitutes, vagrants and those considered to be insane. Since the 1978 legal reforms in China, the public security departments (gong'an jiguan), primarily the police, hold administrative detention powers which are used alongside the state's criminal justice system. Administrative detention is used against subjects that are viewed by the ruling regime as "socially undesirable", in order to maintain public order, social stability and political stability of the ruling regime. [13] There is a well-established history of forced labour, arbitrary arrest and detention of minority groups, including: Falun Gong members, Tibetans, Muslim minorities, political prisoners and other groups. [14] [15] In the case of the Falun Gong in particular, there have been claims of extraordinary abuses of human rights in concentration camps, including organ harvesting and systematic torture. [16] This target group includes prostitutes and their clients, drug addicts, political dissenters and petty criminals, who perform legal misdemeanors that are not serious enough for criminal prosecution. Custody and repatriation (Chinese :收容遣送; pinyin :shōuróng qiǎnsòng) was also used until 2003 for people, especially peasants, who did not have required papers.

There are three main forms of these administrative detentions: "detention for education" ("Shourong jiaoyu"), coercive drug rehabilitation ("Qiangzhi jiedu"), and "reeducation through labor" ("Laodong jiaoyang"). In addition, administrative detention is used for several internal security reasons, such as detention under the Security Administrative Punishments Law ("Xingzheng juliu"); Administrative detention for questioning of suspects ("Luizhi panwen"); and detention of juvenile offenders in work-study schools ("Gongdu Xuexiao").

In recent years, government policy has been marked by mass surveillance and the incarceration without trial of over one million Uyghurs and other Muslim minority ethnic groups in "re-education camps", supposedly for 'anti-terrorist' purposes. [17] [18] Numerous reports have stated that many of these minorities have been used in prison labour in a seeming return to the "re-education through labour" program, supposedly abolished in 2013. [19] As of May 2020, the last terrorist attack was in 2014, before the concentration camps were established. [20] [21] [22] [ failed verification ]

Under the Security Administrative Punishments Law, the administrative detention in China for misdemeanors for up to twenty days. Teenager of sixteen years old or less and women who are pregnant or feeding an infant less than one years old are exempt. Teenager aged sixteen to eighteen are exempt from their first misdemeanor. Administrative detention shall be signed and approved by the administrative responsible person (ie, director) of the public security agency at the county level and above, and shall be executed in the administrative detention facility under the public security agency. Those who are dissatisfied with the detention may initiate administrative reconsideration and administrative litigation. According to the decision of the Standing Committee of the National People's Congress, the Chinese national security agency and People's Armed Police has also been granted the power to enforce administrative detention penalties. [23]

The use of administrative detention in China has been criticized by international human rights organizations, as well as by domestic groups[ weasel words ]. These criticisms maintain that the police often abuse their power, that the execution of these powers is at the complete discretion of the police, and that there are no legal constraints placed on their execution.[ citation needed ]

Egypt

Egypt's Emergency Law No. 162 of 1958 authorizes the government to suspend basic civil liberties by declaring a state of emergency. Such a state of emergency has been in force almost continuously since 1967. Acting under this law, Egyptian authorities have administratively detained individuals who were suspected of membership in banned organizations such as the Muslim Brotherhood, [24] as well as individuals engaged in peaceful demonstrations expressing opposition to the war in Iraq or support for the Palestinian uprising. Human Rights Watch has criticized this practice as the use of emergency legislation for 'repression of public dissent'. [25] Amnesty International charges that relatives of political prisoners in Egypt have been administratively detained solely because of their family relationship. [26] The Egyptian government refuses to disclose how many administrative detainees are held, but human rights groups estimate that 16,000–20,000 are held in detention without charge. [27]

India

India's National Security Act of 1980 empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community it is necessary so to do. The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country. The act was passed in 1980 during the Indira Gandhi Government. [28] The maximum period of detention is 12 months. The order can also be made by the District Magistrate or a Commissioner of Police under their respective jurisdictions, but the detention should be reported to the State Government along with the grounds on which the order has been made. [29] The National Security Act along with other laws allowing preventive detention have come under wide criticism for their alleged misuse. The act's constitutional validity even during peacetime has been described by some sections as an anachronism. [30]

Ireland

Ireland utilizes administrative detention to control illegal immigration. Beginning in 1996, a legal framework was put in place to authorize the use of administrative detention for this purpose. This legal framework includes the Refugee Act, 1996, the Immigration Acts, 1999, 2003 and 2004, and the Illegal Immigrants (Trafficking) Act 2000. According to official Irish government statistics, in 2003–2004, a total of 2,798 people were administratively detained for immigration-related reasons, two thirds of whom were held in prison for periods of longer than 51 days. The vast majority (more than 90%) of detainees are held in one of two Dublin prisons, Cloverhill Prison (male detainees) and the Dóchas Centre at Mountjoy Prison (female detainees). The rest are held in prisons as well as border control (Garda Síochána) stations.

The Council of Europe and human rights organizations have criticized the overcrowded conditions in which the detainees are held, as well as the fact that detainees are held together with convicted criminals. In addition, Human Rights Consultants have reported that Irish law does not protect the rights of detainees, by not informing them of their right to challenge the legality of their detention, nor recognizing their rights to have access to a lawyer and to have access to medical care. [31]

Israel

The legal basis for Israel's use of administrative detention is the British Mandate 1945 Defence (Emergency) Regulations, which were amended in 1979 to form the Israeli Law on Authority in States of Emergency. Administrative detention is for six-month terms, although they can be extended barring appeal. [32] Administrative detention is also used in cases where the available evidence consists of information obtained by the security services (particularly the Shin Bet), and where a trial would reveal sensitive security information, such as the identities of informers or infiltrators.

Although it is commonly applied to alleged Palestinian political activists, it has also been applied to a few Jewish Israeli citizens, including Jewish right-wing public-figures and activists (notably in the aftermath of the assassination of Yitzhak Rabin) and in more recent years sometimes to settlers for short periods. [33]

Within Israel, the Minister of Defense has the authority to issue administrative detention orders for up to 6 months in cases where there is a reasonable chance that the person harms the security of the state. The same officeholder has the authority to renew such orders. Likewise, the Chief of the General Staff can issue such orders, but valid for only 48 hours. Law enforcement authorities have to show cause within 48 hours (in a hearing behind closed doors). Administrative detention orders can be appealed to the district court and, if denied there, to the Supreme Court of Israel. The District Court can annul such orders if it finds the administrative detention occurred for reasons other than security (mainly for common crimes or the exercise of freedom of expression). Overall supervisory authority on the application of the relevant law rests with the Minister of Justice.

In the early days of the occupation, administrative detention was used in the Gaza Strip to detain youths who were unemployed and not engaged in study, even if there was no suspicion against them. [34] In 1971, they were sent to a remote internment camp in the Sinai Desert and told they could be released if they found work in the West Bank. [34]

Within the West Bank and Gaza Strip, any Israeli district army commander can issue an administrative detention order, and the order can be appealed at the Israeli district military court, or, if denied there, at the Supreme Court. Here too, an administrative detention order is valid for at most six months, but can be renewed by the appropriate authority. Israel refers its use of administrative detention in the occupied territories to Article 78 of the Fourth Geneva Convention 1949, which states that "If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment." [35]

Number of detainees in Israel under administrative detention Administrative detainees israel en.svg
Number of detainees in Israel under administrative detention

According to Addameer, Israel held 285 Palestinians in administrative detention in June 2012. [36] Eighteen of them were members of parliament, out of 4,706 prisoners. According to B'Tselem, as of April 2012, about 308 Palestinians were being held under administrative detention by the Israel Prisons Service (IPS), and statistics on those held by the IDF were unavailable. [37] According to IPS figures for December 2012, 178 Palestinians were being held in administrative detention (without charge or trial). [38] As of December 2013, B'Tselem reported that 140 Palestinians were being held under administrative detention by the IPS. [39]

In August 2015, the Israeli Government approved the usage of administrative detention against Jewish settler suspects to curb the increasing number of "price tag" attacks. [40]

As of August 2022, more than 700 persons were held in administrative detention, all of them Palestinian including 7 Israeli citizens. [41]

On 2 May 2023, Khader Adnan died following an 87-day hunger strike while in administrative detention for the 12th time. [42]

As of the beginning of February 2024, there were 3,484 Palestinians under administrative detention according to The Times of Israel, citing an article of Haaretz. [43]

Japan

In Japan, immigration detention is a form of administration detention under the Immigration Control and Refugee Recognition Act, Act No. 319 of 1951 (ICRRA). Minors and asylum seekers can also be subject to administrative detention. [44]

Jordan

The Crime Prevention Law (No. 7 of 1954) [45] in Jordan authorizes administrative detention. [46] Authority resides with Jordan's provincial governors and the administrators of provincial subdivisions. [46] The law allows the detention of anyone "about to commit a crime or to assist in its commission", people who "'habitually' steal, shelter thieves, or fence stolen goods" or anyone deemed to present "a danger to the people" if they are not detained. [46] According to Jordan's National Centre for Human Rights, administrative detention was used in 11,870 cases in 2008, [46] 16,050 in 2009, [47] 12,345 in 2010, [48] and 11,345 in 2011. [49] The law does not provide for independent or court review of the administrative detention decisions although detainees can petition the High Court of Justice. [46] Women who were at risk of violence, honor killing, by family members were administratively detained even though the Crime Prevention Law does not provide a legal basis for that. The use of the law in this way has been criticized by the United Nations and Human Rights Watch. [46] In 2007, the government opened the Wifaq Center for women at risk of violence, and in 2008, women who had been in protective custody were transferred from prison to the center, although the practice of sending women to prison for "protective custody" using the Crime Prevention Law has not completely ceased. [46] In 2018 the government completely abolished the practice by establishing Dar Amneh and transferring endangered women to the center without restricting their freedom. [50]

Myanmar

In an overview that describes Myanmar as "one of the most repressive countries in Asia", Human Rights Watch quotes a Red Cross report that states that in 2002, there were approximately 3,500 detainees in Myanmar, of which 1,300 are political prisoners, including parliament members. Burmese authorities often extend the detention of prisoners who have already served their prison sentences, by placing them under administrative detention. This practice is used even with elderly and infirm prisoners. One of the most notable cases of this practice was the detention of Aung San Suu Kyi. [51]

Russia

Administrative detention in Russia is incarceration for grave administrative offenses according to Code of the Russian Federation on Administrative Offenses.

Syria

Legislative Decree No. 51 of 22 December 1962 introduced the State of Emergency Law, which came into force on 8 March 1963, that allowed the security forces to hold suspects in preventive detention without judicial oversight for indefinite periods. [52]

United Kingdom

The United Kingdom has maintained many forms of administrative detention over the years. The most recent forms were a series of Acts intended to introduce a form of administrative detention to Northern Ireland under the auspices of the Prevention of Terrorism (Temporary Provisions) Act 1974. This Act allowed the security forces to apprehend and detain persons suspected of terrorist activities without trial for an unlimited period. The introduction of the Act led directly to the creation of internment camps (particularly Long Kesh (the Maze) and the prison ship HMS Maidstone where suspects were detained, some for protracted periods. The Act of 1974 was amended a number of times during the late 20th and early 21st century, the most recent incarnation being the Prevention of Terrorism Act 2005 which introduced the concept of the control order, itself a more politically palatable means of limiting the freedom of a suspect without the need to provide a court of law with prima facie evidence of any wrongdoing.[ citation needed ]

United States

The United States currently uses indefinite detention without trial—known under various names as internment, civil commitment, preventive detention or administrative detention—to hold people who fall within a few narrow categories, including the mentally ill (involuntary commitment) and "sexually violent predators", [53] though the right of habeas corpus still applies, and some determinations regarding mental illness and sexual dangerousness are made by juries.

During World War II, the United States detained over 100,000 Japanese Americans in internment camps; smaller numbers of German Americans and Italian Americans were interned. The constitutionality of Japanese internment was controversially upheld by the Supreme Court's 1944 decision in Korematsu v. United States , which has since been overturned.

The United States also utilizes administrative detention as a counter-terrorism measure, and as a means to control illegal immigration. There are approximately 100,000 persons in removal proceedings at any one time, [6] and about 31,000 held in detention during these proceedings. [54]

Following the September 11 attacks, the Patriot Act was passed. The Act expanded the authority of law enforcement agencies to use administrative detention for the stated purpose of fighting terrorism in the United States and abroad. Under the Act, any person (citizen or alien) suspected of terrorist connections may be administratively detained for up to seven days without the benefit of a habeas corpus proceeding. The Attorney General of the United States, at his discretion, may extend this seven-day period to six months, and this extension itself may be renewed indefinitely – legally creating the possibility of lifetime imprisonment without ever facing charges. [55] One of the criticisms of the Patriot Act is that the Attorney General's decision is not subject to any judicial review, unlike the situation in other democratic countries which have similar administrative detention laws. [56]

As part of the War on Terror, and particularly during and after the War in Afghanistan, U.S. forces captured hundreds of alleged terrorists, who were subsequently detained without trial at the Guantanamo Bay detention camp. The United States initially refused to grant these detainees prisoner of war status, holding that they were illegal enemy combatants because they did not meet the requirements set down by the Third Geneva Convention. Of the 775 detainees incarcerated at Guantanamo, 420 have been released without charge, and only one has been tried and convicted. U.S. authorities claim that they intend to put 60 to 80 more on trial.[ when? ]

Criticism by human rights groups

Administrative detention practices have come under severe criticism, with critics claiming that it breaches human rights. Amnesty International believes that administrative detention breaches Article 9 of the International Covenant on Civil and Political Rights (ICCPR) which "makes clear that no-one should be subjected to arbitrary detention and that deprivation of liberty must be based on grounds and procedures established by law". The ICCPR does allow a government, under narrow circumstances, such as a public emergency threatening the life of a nation, to temporarily derogate from its obligation not to engage in arbitrary detention. [53]

Amnesty International is also concerned that prisoners of conscience are being "held solely for the non-violent exercise of their right to freedom of expression and association". [57]

The United Nations has created the Working Group on Arbitrary Detention on the issue. One of the issues the group has focused on is the determination whether a detention is arbitrary or not – which is not as clear-cut in the case of administrative detention as it is in the case of criminal arrest. The group has proposed certain guidelines to aid in such determination. For example, it has suggested that any deprivations of liberty that violate the freedom of association must be deemed arbitrary. Based on these guidelines, the group has condemned countries who have used long-term administrative detention when the detainees were held for the mere fact of belonging to an "illegal organization". [53]

See also

Related Research Articles

<span class="mw-page-title-main">Counterterrorism</span> Activity to defend against or prevent terrorist actions

Counterterrorism, also known as anti-terrorism, relates to the practices, military tactics, techniques, and strategies that governments, law enforcement, businesses, and intelligence agencies use to combat or eliminate terrorism.

<span class="mw-page-title-main">Unlawful combatant</span> Person who engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.

<span class="mw-page-title-main">Shin Bet</span> Israels internal security service

The Israel Security Agency, better known by the acronyms Shabak or Shin Bet, is Israel's internal security service. Its motto is "Magen v'lo Yera'eh". The Shin Bet's headquarters are located in northwest Tel Aviv, north of Yarkon Park.

<span class="mw-page-title-main">Anti-terrorism, Crime and Security Act 2001</span> United Kingdom legislation

The Anti-terrorism, Crime and Security Act 2001 is an Act of Parliament of the United Kingdom, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures.

<span class="mw-page-title-main">Prevention of Terrorism Act 2005</span> United Kingdom legislation

The Prevention of Terrorism Act 2005 was an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001 was unlawful, being incompatible with European human rights laws.

Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.

Anti-terrorism legislation are laws aimed at fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.

<span class="mw-page-title-main">Detention (imprisonment)</span> Process whereby a state or private citizen lawfully holds a person, removing their freedom

Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis.

International human rights organizations, along with the United Nations, and the United States Department of State, have reported human rights violations committed by the State of Israel, particularly against minority groups. These reports include violations of the rights of Palestinians, both inside and outside Israel as well as other groups in Israel.

<span class="mw-page-title-main">Khalida Jarrar</span> Palestinian politician

Khalida Jarrar is a Palestinian politician. She is a member of the Popular Front for the Liberation of Palestine (PFLP) and the Palestinian Legislative Council (PLC). She was elected to the PLC in January 2006 as one of the PFLP's three deputies and has continued to serve as an elected representative ever since. She is also the Palestinian representative on the Council of Europe and is currently head of the Prisoners Committee of the PLC. She played a major role in Palestine's application to join the International Criminal Court.

In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.

<span class="mw-page-title-main">Pre-trial detention</span> Detention after arrest and charge until a trial

Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "jail" is instead the main terminology. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.

The future of Palestinian prisoners detained by Israel in the context of the Israeli–Palestinian conflict is considered central to progress in the Israeli–Palestinian peace process. Cases of prison sentences include the charges of terrorism or being a member of an "illegal terrorist organization", such as Hamas or prior to the Oslo Accords the Palestine Liberation Organization, but according to some accounts also by political activism such as raising a Palestinian flag.

Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies.

<span class="mw-page-title-main">Landau Commission</span>

The Landau Commission was a three-man Commission set up by the Israeli Government in 1987 following a long-running scandal over the deaths of two Palestinian prisoners in custody and the wrongful conviction of a Circassian IDF officer. The Commission, headed by former Supreme Court Justice Moshe Landau, found that the GSS interrogators routinely used physical force during the interrogation of prisoners and then committed perjury at subsequent trials. In its conclusion, approved by Cabinet in November 1987, it lay down guidelines for the use of a "moderate measure of physical pressure". The details of the recommended methods were described in the classified appendix to the report. In 1994 the UN Committee Against Torture stated: "The Landau Commission Report, permitting as it does 'moderate physical pressure' as a lawful mode of interrogation, is completely unacceptable to this Committee."

<span class="mw-page-title-main">Ktzi'ot Prison</span> Gulag or Political Concentration Center for Jewish and Arab dissidents in Israel

Ktzi'ot Prison is an Israeli detention facility located in the Negev desert 45 miles (72 km) south-west of Beersheba. It is Israel's largest detention facility in terms of land area, encompassing 400,000 m2.

Israeli torture in the occupied territories refers to the use of torture and systematic degrading practices on Palestinians detained by Israeli forces in both the West Bank and Gaza Strip. The practice, routine for decades, was eventually reviewed by the Supreme Court of Israel in 1999, which found that "coercive interrogation" of Palestinians had been widespread, and deemed it unlawful, though permissible in certain cases. Torture is also practiced by the Palestinian authorities in the West Bank and the Gaza Strip.

<span class="mw-page-title-main">Mass detentions in the Israel–Hamas war</span> Arrest and detention of Palestinians since October 2023

Since the outbreak of the Israel–Hamas war on October 7, 2023, Israel has carried out mass arrests and detentions of Palestinians. Thousands have been arrested in the Israeli-occupied Palestinian territories and in Israel, based on alleged militant activity, offensive social media postings, or arbitrarily.

The 2023 Israel–Hamas war led to an intensive interrogation program by Israeli intelligence agencies, particularly Israel's domestic security agency, Shin Bet and IDF's Unit 504, targeting captured "Hamas militants". Following the sudden attack on 7 October, which killed more than 1,100 Israelis, alleged militants were captured in Israel. Israel has claimed that the interrogation of the suspects revealed significant insights into the group's strategies, ideologies, and operational methods that played a crucial role in Israel's military response and in shaping the global understanding of the conflict.

<span class="mw-page-title-main">Torture during the Israel–Hamas war</span>

During the Israel–Hamas war, Israel has systematically tortured Palestinians detained in its prison system. This torture has been reported by the United Nations, Human Rights Watch, Amnesty International, as well as Israeli nonprofit human rights organizations such as Physicians for Human Rights Israel and B'Tselem.

References

  1. ↑ "ADMINISTRATIVE DETENTION OF MIGRANTS, Office of the United Nations High Commissioner for Human Rights" (PDF). Archived (PDF) from the original on 2007-08-09.
  2. ↑ Amnesty International (2012). "Starved of Justice: Palestinians detained without trial by Israel" (PDF). Archived from the original (PDF) on 28 November 2018. Retrieved 28 December 2019.
  3. ↑ "Administrative Detention: The Integration of Strategy and Legal Process, Matthew C. Waxman, p. 9" (PDF). Archived from the original (PDF) on June 16, 2010.
  4. ↑ "Administrative Detention: The Integration of Strategy and Legal Process, Matthew C. Waxman, p. 10" (PDF). Archived from the original (PDF) on June 16, 2010.
  5. ↑ "Post 9-11 Terrorism Cases Show Federal Courts Bring Terrorists to Justice Without Administrative Detention, Military Commissions". Archived from the original on June 17, 2008.
  6. 1 2 Research Paper on Alternatives to Detention, European Council on Refugees and Exiles (ECRE), London, September 1997
  7. 1 2 Amankwah, Alex (March 3, 2003). "Rights, Emergencies and Judicial Review". James Cook University Law Review– via AustLII and NZLII.
  8. ↑ "Malaysia resignation amid arrests". September 15, 2008 – via news.bbc.co.uk.
  9. ↑ "VIETNAM". www.hrw.org.
  10. ↑ "The Use of Administrative Detention in the 2003 Armenian Presidential Election (Human Rights Watch Briefing Paper, May 23, 2003)". www.hrw.org.
  11. ↑ The Administrative Detention of Non-Nationals Pursuant to Immigration Control: International and Constitutional Law Perspectives, Daniel Wilsher, International and Comparative Law Quarterly, Vol. 53, No. 4, pp. 897–934, 2004
  12. ↑ Migration and Refugee Law in Australia, Mirko Bagaric, Kim Boyd, John Vrachnas, Penny Dimopoulos, Sue Tongue, p. 471, Cambridge University Press, 2007
  13. ↑ Legal Reform and Administrative Detention Powers in China, pp. 3–8, Sarah Biddulph, Cambridge Studies in Law and Society, Cambridge University Press, 2007
  14. ↑ "China's oppression of Tibetans has dramatically increased". New Internationalist. February 4, 2016.
  15. ↑ "China: Events of 2018". English. December 28, 2018 – via Human Rights Watch.
  16. ↑ Bowcott, Owen (17 June 2019). "Falun Gong Organ Harvesting". TheGuardian.com .
  17. ↑ Ramzy, Austin; Buckley, Chris (2019-11-16). "'Absolutely No Mercy': Leaked Files Expose How China Organized Mass Detentions of Muslims". The New York Times. ISSN   0362-4331 . Retrieved 2019-11-16.
  18. ↑ "'Eradicating Ideological Viruses': China's Campaign of Repression Against Xinjiang's Muslims". Human Rights Watch. 9 September 2018. Archived from the original on 3 January 2019. Retrieved 3 January 2019.
  19. ↑ "Forced Labour Report Economist". The Economist .
  20. ↑ "China has turned Xinjiang into a police state like no other". The Economist. 2018-05-31. ISSN   0013-0613 . Retrieved 2019-12-01.
  21. ↑ Buckley, Chris; Ramzy, Austin (16 December 2018). "Forced Labour New York Times". The New York Times.
  22. ↑ "China Uighurs 'moved into factory forced labour' for foreign brands". BBC News. March 1, 2020.
  23. ↑ "Administrative Penalty Law of the People's Republic of China | Congressional-Executive Commission on China". www.cecc.gov. Archived from the original on 2019-05-31. Retrieved 2019-05-31.
  24. ↑ 21-year-old blogger detained despite release order [ permanent dead link ]
  25. ↑ "Egypt: Growing Numbers of Arrests (Human Rights Watch Press release, New York, February 14, 2003)". www.hrw.org.
  26. ↑ "Egypt: Torture or ill-treatment/Incommunicado detention, Al-Sayid Muhammad Hassan 'Abd al-Ghani". Amnesty International.
  27. ↑ "Press Releases & News | Egyptian Initiative for Personal Rights". www.eipr.org. Archived from the original on November 22, 2008.
  28. ↑ "Dour farm leader of 76 named as India's fifth PM". Montreal Gazette . 27 July 1979.
  29. ↑ "NSA, 1980" (PDF). Home Ministry, Govt of India. Archived from the original (PDF) on 3 February 2013. Retrieved 17 September 2013.
  30. ↑ "Preventive detention an anachronism". The Hindu . 2004-09-07. Archived from the original on 2015-03-08. Retrieved 2015-10-10.
  31. ↑ "Immigration-related detention in Ireland" (PDF). Archived from the original (PDF) on January 16, 2016.
  32. ↑ B'Tselem, 1 January 2011, Criticism of administrative detention under the Administrative Detention Order
  33. ↑ B'Tselem, 22 July 2012 Administrative Detention
  34. 1 2 Ofer Aderet, Innocent Palestinians in Remote Desert in Sinai,' Haaretz 29 July 2021
  35. ↑ Israel Yearbook on Human Rights vol. 23. Vol. 23. Martinus Nijhoff Publishers. pp. 49–50.
  36. ↑ Addameer, Addameer Monthly Detention Report – 1 July 2012 Archived 19 October 2012 at the Wayback Machine .
  37. ↑ "Statistics on administrative detention". B'Tselem. Archived from the original on June 6, 2012.
  38. ↑ "Many injured in West Bank protests over hunger strikes". BBC. 21 February 2013.
  39. ↑ "Statistics on administrative detention". B'Tselem.
  40. ↑ Mairav Zonszein, the Guardian. Israel to detain Jewish terror suspects without trial. 2 August 2015
  41. ↑ Hagar Shezaf (August 22, 2022). "Number of Prisoners Held Without Trial in Israeli Jails Hits Highest Peak Since 2008". Haaretz.
  42. ↑ "Palestinian Khader Adnan dies in Israel jail after 87-day hunger strike". The Guardian. 2023-05-02. ISSN   0261-3077 . Retrieved 2023-05-02.
  43. ↑ Staff, TOI (28 February 2024). "Gallant extends administrative detention of settler activist by three months".
  44. ↑ Japan Immigration Detention, accessed Feb 14th, 2018
  45. ↑ Sameena Nazir; Leigh Tompper (2005). Women's Rights in the Middle East and North Africa: Progress Amid Resistance. Freedom House. p. 109. ISBN   978-0742549920.
  46. 1 2 3 4 5 6 7 Guests of the Governor - Administrative Detention Undermines the Rule of Law in Jordan (PDF). Human Rights Watch. 2009. ISBN   978-1-56432-477-1. Archived (PDF) from the original on 2009-05-27.
  47. ↑ "2009 Human Rights Report: Jordan". U.S. State Department. 11 March 2010.
  48. ↑ "2010 Human Rights Report: Jordan". U.S. State Department. 8 April 2011.
  49. ↑ "2011 Human Rights Report: Jordan". U.S. State Department. 24 May 2012.
  50. ↑ "In Jordan, 'house of safety' offers hope and freedom to at-risk women". CS monitor. 14 September 2018. Retrieved 20 October 2019.
  51. ↑ "Human Rights Overview – Burma". Archived from the original on 2010-08-04. Retrieved 2016-12-04.
  52. ↑ Report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Syrian Arab Republic (PDF), UN Human Rights Council, 15 September 2011, p. 6, archived (PDF) from the original on 21 August 2011, retrieved 30 June 2012
  53. 1 2 3 "FindLaw Legal Blogs". FindLaw.
  54. ↑ New York Times Topics:In-Custody Deaths, accessed October 28, 2008 Archived September 14, 2008, at the Wayback Machine
  55. ↑ Administrative Law in the Political System, Kenneth F. Warren, Westview Press, 2004, p. 578.
  56. ↑ Administrative Law in the Political System, Kenneth F. Warren, Westview Press, 2004, p. 579.
  57. ↑ "Administrative detention: Despair, uncertainty and lack of due process". Amnesty International. 30 April 1997. Retrieved 2018-10-02.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.