Seven Human Rights Organizations to the Supreme Court: Military Order 1500, Which Permits Prolonged Incommunicado Detention of Palestinians Is Illegal
On 18 April 2002, the Israeli Supreme Court heard a petition regarding the legality of Military Order 1500, which permits the detention of Palestinians by senior army and police officers for 18 days, and prohibits meetings with lawyers or judicial review during this period. It also permits the confinement of detainees for eight days without contact with any authority. The special order was issued by the Commander of the Israeli Army in the West Bank on 5 April 2002, during "Operation Defensive Shield," Israel's recent military attacks on the Occupied Palestinian Territories (OPTs). The petition was submitted on 16 April 2002 three Palestinian detainees in Ofer detention center and by seven human rights organizations: Association for Civil Rights in Israel (ACRI), HaMoked: Center for the Defense of the Individual, B'Tselem, Physicians for Human Rights - Israel (PHR-I), Adalah, LAW - The Palestinian Society for the Protection of Law and the Environment, and the Public Committee Against Torture in Israel. It was filed by ACRI Attorney Lila Margalit.
The purpose of Military Order 1500 is to legalize the mass detentions taking place during the Israeli attacks. Under this order, security officers may detain any individual for whom "the circumstances of his arrest raises suspicion that he threatens or could threaten the security of the area, the security of the Israeli forces, or public security." The order, which is valid for 60 days, may also be applied to any individuals taken into custody since 29 March 2002, even if they were detained prior to the issuance of the order.
Noting that thousands of Palestinians are being detained pursuant to this order, the petitioners argued that the order is illegal, as it contradicts basic principles of constitutional law which apply to the actions of the Israeli army in the area. The petitioners further argue that it is totally unreasonable and void, as it severely violates the rights to liberty and due process, including prompt judicial review on detention decisions and the right to a hearing, as well as the right to counsel. These acts, which are conducted without a proper purpose and to an extent greater than is required, constitute extreme violations of the Basic Law: Human Dignity and Liberty. By allowing the incommunicado detention of individuals for 18 days without judicial review, the State makes possible the arbitrary use of force and severely impinges the right to due process. The petitioners noted that, in light of the mass detentions at present, it is particularly important to quickly bring detainees before a judge, due to the increased risk of mistakes or arbitrary decisions.
Attorneys Lila Margalit and Dan Yakir of ACRI, and Adalah Staff Attorney Jamil Dakwar also argued before the Court that Military Order 1500 abrogates the right to a defense. Individuals detained arbitrarily or in error, and who could provide their own defense or present supporting documents, are prevented from doing so for a prolonged period of time under the order.
Arguing for the State, Attorney Anar Helman of the Attorney General's office stated that Military Order 1500 was necessary in order to deal with the large number of individuals who were arrested since 29 March 2002. It should be noted that the State did not deny that this order was issued to enable mass and arbitrary detentions, thus permitting the detention of those for whom grounds of arrest had not yet been determined. During the hearing, the Attorney General's representative provided statistics that over a thousand Palestinians are being detained in a few facilities throughout Israel and the OPTs, including 1,245 detainees held at Ofer detention center near Ramallah. He added that approximately 300 administrative detention orders had been issued to date, 22 of which had been approved by a military judge. The State indicated that in total, approximately 5,600 people have been arrested, and about 3,900 have already been released, since the Israeli army's operation in the OPTs began on 29 March 2002. According to testimonies given to Elias Sabagh, ACRI's coordinator for the OPTs, many detainees were arrested in mass round-ups, during which all men between the ages of 14 to 45 were ordered to gather in a specific place, although there were no specific suspicions against them. On this point, the petitioners noted that according to the State's own statistics from the Israeli army website, only 9% of the detainees are considered "wanted," while figures reported on Israeli television indicate that only 30% of those detained have been released.
The State added that four of the petitioners - HaMoked, ACRI, B'Tselem and PHR-I - have no standing before the Court on this matter, as they had filed an earlier petition on the issue of the prohibition on detainees from meeting with lawyers. The Supreme Court dismissed this petition two weeks ago.
The Supreme Court ordered the State to respond to the petition in 15 days. In particular, the Court requested arguments as to the legal framework for the army's operations in the West Bank, and the rules by which it is bound - the laws of war, armed conflict, or armed conflict short of war. Upon receipt of the State's response, the petitioners will have 15 days to reply. No further hearing has been scheduled to date, and no final decision has been made.
See also, related case - Adalah Press Release "Seven Human Rights Organizations Petition Supreme Court Challenging Inhumane Detention Conditions of Over 1,400 Palestinians - 18 April 2002"
