Ref: 143/2003
The Palestinian Centre for Human Rights, together with
Ad-Dameer Association for Human Rights, is representing 17 of the 18
Palestinians detainees currently issued with an “assigned residence”
order, effectively unlawfully transferring them from the West Bank to the Gaza
Strip.
PCHR and Ad-Dameer have submitted an appeal on behalf
of the detainees to the Israeli military legal advisor and an Israeli military
appeals committee is scheduled to convene on Sunday, 19 October at 8:30am at Erez military court. Pending the outcome of the
appeal, PCHR and Ad-Dameer will then submit a further appeal to the Israeli
High Court of Justice.
The 18 detainees, who were all being held by the
Israeli military under administrative detention orders, were issued with an
assigned residence order, signed by the GOC of the Israeli military Central
Command, Major General Moshe Kaplinski, on 13 and 14 October 2003. The detainees
were transported from administrative detention to the Erez military compound
where they are being held pending the outcome of their appeal. All 18 of
the detainees are accused of involvement in attacks against Israeli targets but
no specific charges or evidence of such activities has been presented.
PCHR is concerned that, as occurred in the first use
of this order in September 2002, the military appeals
committee does not constitute an effective appeal within the meaning of
international law, including in respect of rules of evidence and that the
committee members are appointed by the military commander who signed the
original order.
PCHR reiterates that this latest use of “assigned
residence” orders constitutes an unlawful transfer in violation of article
147 of the Fourth Geneva Convention, and other provisions of international
humanitarian and human rights law, including rights to a fair trial.
PCHR calls for the immediate withdrawal of the
“assigned residence” orders. PCHR further calls on the
international community, specifically the High Contracting Parties to the
Fourth Geneva Convention, to intervene to halt these unlawful transfers and
other grave breaches of the Convention.
