To: ChinuSFO who wrote (618 ) 7/20/2002 11:37:39 AM From: Emile Vidrine Respond to of 3959 1,700 Palestinian detainees-2 "Administrative detention is a blatant violation of human rights. The International Covenant on Civil and Political Rights stipulates that 'no one shall be subjected to arbitrary arrest or detention'. Pursuant to the Fourth Geneva Convention, this measure may not be used as a means of punishment and must only serve as an exceptional measure taken for 'imperative reasons of security'. Moreover, persons must be imprisoned 'within the frontiers of the occupied country itself,' and during detention the Occupying Power must 'ensure support of [the person] and his dependents.' In addition, according to humanitarian principles governing administrative detention, those detained without charge or trial are to receive greater privileges than ordinary prisoners. It is highly questionable whether 'imperative reasons of security' demand that persons be detained without charge, trial, or the right to have their detention adequately reviewed by an impartial body. Administrative detention sentencing is based on Paragraphs A and B of Article 87 of Military Order number 378 of 1970. Paragraph A states that the military commander may, 'for security and public safety reasons, hold a person in custody upon an order signed by him'. However, 'the period of custody shall not exceed six months [later changed to 1 year].' Paragraph B of the same article stipulates: 'If a military commander of a region has a base to believe that on the eve of expiration of the order issued in compliance with Paragraph A, that for security and public safety reasons that require remanding the detained person in custody, he may extend the original order to a period not exceeding six months. Each order of extensions shall be considered an original order.' Israel's treatment of administrative detainees, including the location and conditions of their detention, contravenes not only international human rights standards but also the provisions of the Fourth Geneva Convention. For many years, Israel has abused the system of administrative detention using it to punish without charge or trial those it believes have acted against its interests, rather than as an extraordinary and selectively used preventative measure. Existing safeguards fail to prevent violations of the detainees' fundamental human rights, including the right to defense, the right to a fair and public hearing, the right to call and examine witnesses and the presumption of innocence. The use of secret evidence, coupled with arbitrary procedures, leaves those detained without charge or trial with no effective legal safeguards. Under these circumstances, administrative detention is prohibited by international law. The practice of administrative detention violates fundamental human rights. LAW insists on the right to a trial in which international standards for fair trial are upheld for all political detainees. In view of the above, LAW is calling for an end to the practice. LAW calls for the immediate and unconditional release of all administrative