Judge says court’s decision to continue Khader’s four month administrative detention is “balanced” 15Feb12 February 15, 2012

Addameer  -  13 February 2012
Ramallah, 13 February 2012 – The Israeli Military Appeals Court dismissed the appeal against Khader Adnan’s administrative detention order today, 13 February 2012. The court decision orders Khader to remain detained for the full duration of his four month administrative detention order, to be expired on 8 May.  Today’s decision follows the inconclusive Appeals Court hearing that took place on 9 February in a hospital room at the Zif Medical Center in Safad due to his critical medical condition. The decision comes as Khader Adnan persists in the 58th day of his ongoing hunger strike and his health continues to deteriorate.   


In the Appeals Court decision confirming Khader’s administrative detention, Judge Moshe Tirosh stated that according to the secret material available to the judge but not available to Khader or his lawyers, the court decision was “balanced”. He also commented that the secret material confirms that Khader Adnan is a political leader in the Islamic Jihad party.  In his decision, Judge Tirosh completely disregarded Khader’s lawyers’ numerous arguments, including the lack of evidence that Khader Adnan has carried out any activities providing grounds for detention; that administrative detention is used in an arbitrary manner; and that affiliation to a political party is aligned with the right to freedom of expression, assembly and political association.


Furthermore, in response to Khader’s statement during the appeals hearing on 9 February, which outlined the details of the torture, inhuman and degrading treatment to which he was subjected by Israeli Occupying Forces since his arrest, the military prosecutor stated that these allegations were exaggerated and did not take place in the way Khader described.  In commenting on Khader’s life-threatening health condition, Judge Tirosh stated that only Khader is to blame for his physical health condition as a result of his choice to continue his hunger strike and that his medical condition will not influence the administrative detention decision. 


Addameer lawyer Samer Sama’n was also able to visit Khader in Zif Medical Center in Safad today. According to Khader, Israeli Prison Service (IPS) forces carried out an extensive search of his room on 10 February, despite the fact that throughout his stay in the hospital room, IPS forces have continued to shackle one arm and his opposite leg. Khader also stated that yesterday, 12 February, IPS personnel threatened to shackle all four of his limbs for reasons that were unclear to him.


Physicians for Human Rights-Israel doctors were permitted to visit Khader today and conduct medical examinations. This examination is only the third since he began his hunger strike. His medical condition, already at a life-threatening stage, continues to deteriorate and he is experiencing extreme pain. For more details on his current medical condition, please refer directly to Physicians for Human Rights.


Addameer condemns the Israeli Appeals Court Judge Tirosh’s confirming decision in blatant disregard of Khader Adnan’s life-threatening condition. Addameer further protests the Israeli Appeals Court’s blatant exploitation and violation of international law to guise its illegal and sweeping policies, including the categorization of all Palestinian parties as terrorist parties, and also protests the inaction in pursuing serious investigation into Khader’s claims of torture, abuse and inhuman and degrading treatment. Addameer holds Israel accountable for the life of Khader Adnan, whose health has entered an alarmingly critical stage that will now have irreversible consequences and could lead to his fatal collapse at any moment.


Addameer holds the international community responsible for not taking action to save Khader’s life. Addameer demands that the European Union, the United Nations and the International Committee of the Red Cross intervene with Israel immediately before it is too late. Addameer further hails all local and international solidarity efforts made on Khader’s behalf and urges individuals to continue calling attention to this most urgent matter.

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