NEWS & VIEWS
Israel / Palestine
Ahmad Qatamesh's Administrative Detention
Grotius – Center for International Law and Human Rights
Press Release
30 September 2013
Petition to Israeli Supreme Court – Order Investigation of Mr. Ahmad Qatamish’s Administrative Detention
Mr. Qatamish has been placed under administrative detention since May 2011 based on two flawed and contradictory military orders issued within few days.
Mr. Ahmad Qatamish is an academic and activist from the West Bank who writes about the Israeli Occupation and corruption in the Palestinian Authority. In May 2011 he was placed under administrative detention by the Israeli military and General Security Service (GSS) for six months. His detention has been extended repeatedly since then. The petition requests the Supreme Court to order the Attorney General and the Military Advocate General to open an investigation into alleged criminal conduct by commanders in the Israeli military and GSS that produced Mr. Qatamish’s administrative detention. Attorney Marwan Dalal filed the petition.
Mr. Qatamish was detained in May 2011 pursuant to two flawed and contradictory military arrest orders from 3 May 2011 and 8 May 2011. His administrative detention followed brief interrogation. Mr. Qatamish was placed under administrative detention for almost 5 years in the past eventually released in 1998 without ever being indicted in a court of law.
The initial military order of 3 May 2011 is titled “Administrative Military Order – Extension”, although it is not an extension rather the original military order detaining Mr. Qatamish. According to this order Mr. Qatamish is detained for “being a Hamas activist that endangers the security of the area”. Mr. Qatamish is not a Hamas activist nor is he a member of Hamas. The order is signed by a military intelligence officer who is not authorized to issue the detaining order according to Israeli military regulations.
The second military order detaining Mr. Qatamish was issued five days later on 8 May 2011. It is signed by a different military commander who wrote in handwriting that he is amending the previous military order issued by him on 3 May 2011, although it was issued by another military commander. The 8 May 2011 military order detained Mr. Qatamish because he poses danger to the area generally, rather than because of his “Hamas activity”.
The GSS and military have not revealed the evidence to Mr. Qatamish that allegedly demonstrate his danger. This is the persistent practice in administrative detentions. On 25 April 2013 Amnesty International announced that Mr. Qatamish “must be released”. It reiterated its position expressed shortly after Mr. Qatamish’s detention in May 2011:
"Ahmed Qatamesh is a prisoner of conscience who is being detained solely for expressing non-violent political beliefs”
Pursuant to correspondence between attorney Dalal and the Attorney General Office from 10 September 2013 and 12 September 2013, the latter opined that the policy which generated the administrative detention of Mr. Qatamish is not necessarily required under the law."
In the petition it is argued that Mr. Qatamish was detained arbitrarily and illegally. The administrative detention violates his right to liberty as defined in article 9 of the International Covenant on Civil and Political Rights - 1966 and Article 5 of Basic Law: Human Dignity and Liberty. A criminal investigation is obligatory.
For additional information please contact:
Marwan Dalal, Executive Director