DCI-Palestine
UA – 5/09 – URGENT APPEAL – DCI-Palestine
Name Wa’ad Arafat Mustafa al-Hidmy
Age at arrest 16
Occupation Student
Place of residence Surif, Hebron, Hebron, OPT
Date of arrest 28 April 2008
Charge No charge
Place of detention Ofer Prison
UPDATE: January 2010
26 December 2009 Released
24 September 2009 Sixth administrative detention order (3 months)
21 June 2009 Fifth administrative detention order (3 months)
26 March 2009 Fourth administrative detention order (3 months)
26 November 2008 Third administrative detention order (4 months)
27 August 2008 Second administrative detention order (3 months)
6 May 2008 First administrative detention order (4 months)
28 April 2008 Date of arrest
Background information
Wa’ad was arrested from the family home in the village of Surif, near Hebron in the West Bank, at 3:00am on 28 April 2008. He was asleep at the time and woke to the sound of Israeli soldiers banging on the front door.
The soldiers entered the house and after identifying Wa’ad, tied his hands behind his back with plastic cords and took him out of the house to a waiting jeep where he was blindfolded. Wa’ad was placed on the floor of the jeep and told to ‘shut-up’. During the drive to the settlement of Karmi Zur, soldiers in the back of the jeep placed their legs on Wa’ad’s body. On arrival at the settlement Wa’ad was asked some questions about his health before being transferred to Etzion Interrogation and Detention Centre, near Bethlehem. In an affidavit given to lawyers for DCI-Palestine in June 2009, Wa’ad recalls that: ‘I did not know why they were arresting me. I started to wonder whether I had done something wrong without knowing.’
Two days later, Wa’ad was transferred to Ofer Prison, near Ramallah, where he was interrogated by a policeman in blue uniform. During the interrogation the policeman told Wa’ad that he had been informed by a third person that Wa’ad had participated in a demonstration organised by Islamic Jihad, an organisation banned by the Israeli authorities. Wa’ad could not recall there being any demonstrations organised by Islamic Jihad where he lived during the previous year and that in any event, he had not participated in any of their demonstrations. Wa’ad recalls that the interrogation only lasted around five minutes.
Several days later a prison officer handed Wa’ad a document written in Hebrew and informed him that it was an administrative detention order for six months. Wa’ad recalls feeling depressed because ‘I was expecting to be released because I had not confessed to anything and I had not done anything.’ Two days later Wa’ad’s order was reviewed by the Administrative Detention Court and reduced to four months.
Months passed, and in August, three days before the expiry of the first order, a prison officer again handed Wa’ad a document written in Hebrew and informed him that he had been given a second administrative detention order for four months – ‘I became anxious, but felt helpless. I was expecting to be released after the expiry of the first order but this new order surprised me.’ Several days later the Court reviewed the second order and reduced it to three months.
Wa’ad recalls becoming nervous in the week before the expiry of the second order – ‘I was afraid that the order would be renewed again.’ Two days before the expiry date, Wa’ad was issued with a third administrative detention order for four months, which was confirmed by the Court.
‘I feel a great injustice because of this detention that, according to what I understood from the lawyer and judge, is based on confidential material. I do not know the real reason behind my detention because I cannot remember doing anything that would put the security of the state at risk.’
In March 2009, a few days before the expiry of his third order, Wa’ad was issued with a fourth administrative detention order, for four months, which was later reduced to three months by the Court – ‘I did not know what to do in such a situation. I became unstable and unsure when I would be released. Such a situation is driving me crazy.’
On 14 June 2009, nearly 14 months after his arrest, Wa’ad was visited for the first time by his parents. Up until this time, they had been denied a permit on unspecified security grounds, and only his younger siblings had been allowed to visit him. During the 40 minute visit, Wa’ad recalls telling his parents that he was ‘certain’ to be released on 25 June. However, on 21 June 2009, Wa’ad was issued with a fifth administrative detention order for three months – ‘now I am extremely depressed and do not know what to do.’
Wa’ad was imprisoned once before in September 2005 for throwing stones and Molotov cocktails and has a 20 year-old brother who is also being held in administrative detention in the Negev, inside Israel.
Wa’ad will lodge an appeal against the issue of his fifth administrative detention order.
Administrative detention
Administrative detention is detention without charge or trial and is often based on “secret evidence.” Israeli Military Order 1591 empowers military commanders to detain Palestinians, including children as young as 12, for up to six months if they have “reasonable grounds to presume that the security of the area or public security require the detention.” The initial six month period can be extended by additional six-month periods indefinitely. This procedure denies the detainee the right to a fair trial and the ability to adequately challenge the basis of his or her detention.
There are currently at least 449 Palestinians being held by Israel without charge or trial in administrative detention, of which six were under 18 when they received their order. For more information visit the DCI-Palestine website at .
Recommended action
The detention of a child in these circumstances does not conform to Israel’s obligations under the UN Convention on the Rights of the Child or the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Please send Urgent Appeals to the Israeli authorities urging them to:
* Immediately cease the practice of holding persons under the age of 18 in administrative detention; and
* Immediately and unconditionally release Wa’ad from administrative detention, or charge him with a recognisable criminal offence and promptly try him in a proper court of law with internationally accepted standards for a fair trial. Any further action should take into consideration the fact that Wa’ad has now been detained without charge since April 2008.
Appeals to:
Prime Minister,
Office of the Prime Minister,
3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem, 91919, Israel,
Fax: +972- 2-651 2631,
Email: rohm@pmo.gov.il, pm_eng@pmo.gov.il
Salutation: Dear Prime Minister
Ehud Barak
Minister of Defence, Ministry of Defence,
37 Kaplan Street, Hakirya, Tel Aviv 61909, Israel
Fax: +972 3 691 6940
Email: minister@mod.gov.il
Salutation: Dear Minister
Minister of Justice, Fax: + 972 2 628 7757; + 972 2 628 8618
Attorney General, Fax: + 972 2 627 4481; + 972 2 628 5438; +972 2 530 3367
