Comments on: Administrative arrests: Months or years without due process

By: dickerson3870

dickerson3870 — Fri, 24 Feb 2012 16:27:04 +0000

P.S. RE: “Somewhat akin to Joseph K’s predicament in ‘The Trial’ by Franz Kafka” – me, above

ARTICLE, 2/23/12: (excerpt) Israeli officials were likely hoping that their policy of detention without charges would stop being a topic of discussion after Khader Adnan ended his hunger strike earlier this week. A new striker has emerged, however, in the form of 29-year-old Hana al-Shalabi.
Ms. Shalabi’s capture is nothing new. She was held in “administrative detention” for over two years without charges before being released in October as part of the Shalit prisoner swap. That lasted a couple of months, but Israel announced a new administrative detention for Shalabi late last week, still with no charges…

By: dickerson3870

dickerson3870 — Wed, 22 Feb 2012 22:39:09 +0000

RE: “…hundreds of Palestinians are held by Israel without trial, with no charges filed against them, and without the ability to defend themselves against non-existent charges. In short, they are simply thrown into prison for a period of up to six months, which can be renewed indefinitely. ” ~ Noam Sheizaf

SOMEWHAT AKIN TO JOSEPH K’s PREDICAMENT IN “THE TRIAL” BY FRANZ KAFKA:
After months of trial postponement, Joseph K goes to court painter Titorelli to ask for advice. He is told to hope for little. He might get definite acquittal, ostensible acquittal, or indefinite postponement. No one is ever really acquitted, but sometimes cases can be extended indefinitely.
TITORELLI: “You see, in definite acquittal, all the documents are annulled. But with ostensible acquittal, your whole dossier continues to circulate. Up to the higher courts, down to the lower ones, up again, down. These oscillations and peregrinations, you just can’t figure ‘em.”
JOSEPH K: “No use in trying either, I suppose.”
TITORELLI: “Not a hope. Why, I’ve known cases of an acquitted man coming home from the court and finding the cops waiting there to arrest him all over again. But then, of course, theoretically it’s always possible to get another ostensible acquittal.”
JOSEPH K: “The second acquittal wouldn’t be final either.”
TITORELLI: “It’s automatically followed by the third arrest. The third acquittal, by the fourth arrest. The fourth…”

By: directrob

directrob — Wed, 22 Feb 2012 21:16:51 +0000

Not much wrong with their 2010 recommendation.

By: Passerby

Passerby — Wed, 22 Feb 2012 19:48:01 +0000

This would be the same “Human Rights” committee assigned by the UN “Human Rights” body that almost admitted Syria into its ranks last year?

By: directrob

directrob — Wed, 22 Feb 2012 18:28:16 +0000

Not enough, the Human Rights Committee had in 2010:
.
() Refrain from using administrative detention, in particular for children, and ensure that detainees’ rights to fair trial are upheld at all times; and
.
() Grant administrative detainees prompt access to counsel of their own choosing, inform them immediately, in a language which they understand, of the charges against them, provide them with information to prepare their defence, bring them promptly before a judge and try them in their own or their counsel’s presence.

By: Passerby

Passerby — Wed, 22 Feb 2012 17:55:46 +0000

Perhaps not. And yet, the point remains.
———
It seems to me there is an easy solution and it is to appoint an independent ombudsman to monitor all cases of administrative detention. There is every reason to accept the contention of the Israeli security services that some of their sources could be compromised in open legal hearings, and then again, it’s easy to see how administrative detention could be used as a punishment or inappropriately. Israel should appoint independent oversight to review every prisoner’s file, with the authority to move the prisoner into a normal legal track when the situation doesn’t merit administrative detention.

By: aristeides

aristeides — Wed, 22 Feb 2012 06:42:09 +0000

Guantanamo and Abu Graib aren’t good company, and neither was Long Kesh Jail.

By: Passerby

Passerby — Wed, 22 Feb 2012 03:52:26 +0000

UK, US and Australia have administrative detention. Other than the UK, that’s pretty good company.

By: AT

AT — Wed, 22 Feb 2012 03:30:47 +0000

“Administrative detention exist in other countries, but is considered a unique and exceptional measure, and its implementation usually leads to a vigorous public debate”

Except in the many, many countries where it is routine and there is no debate unless you want to end up dead or in administrative detention. Which is exactly why Israel should end this practice unless it is happy to be in the company of the world’s authoritarian regimes.

By: Steve

Steve — Wed, 22 Feb 2012 01:37:05 +0000

ARISTEIDES: “Whether this is a consequence of Israeli influence, I can not say.”
…
What an absurd thing to even suggest. I’m pretty sure that in the history of civilization, countries around the world have detained/imprisoned tons of people without charging them. It isn’t some new concept that Israel invented that everyone is copying. Of course, obsessed Israel-bashers will try to suggest it anyway.