Palestinian protest against detentions
The thousands of detentions by Israel is a major Palestinian grievance
11:14 GMT, Wednesday, 14 October 2009 12:14 UK
Israel holds hundreds of Palestinians without trial or any way to clear their names, say two Israeli rights groups which urge an end to such detentions.
The groups say currently 335 prisoners are held in "administrative detention" under rules dating back to 1945 when the area was under British control.
They add it is only meant for extreme circumstances and Israel's extensive use breaks international law.
Israel says the detentions are used as a last resort to prevent future attack.
Detention orders last for six months without the Israeli military having to bring a prosecution against the detainee.
After six months the orders can be extended by a judge, but the campaign groups, B'Tselem and HaMoked, say this only gives an impression of fairness.
KEY FACTS
7,150 Palestinians in Israeli custody: 5,000 serving sentences and 1,569 awaiting trial
335 Palestinians in administrative detention
Nine Palestinians are detained as "illegal combatants"
Source: B'Tselem
In the vast majority of cases, the report Without Trial says, judges declare the evidence secret and rely on intelligence reports that are never shown to the detainee or defence lawyers.
"Consequently, it is impossible for the detainee to refute the allegations or to present alternative evidence," the report says.
The groups call on Israel to release the administrative detainees or prosecute them in accordance with standards of due process that are set forth in international law.
Burden of proof
An Israeli army statement stressed administrative detention was used to "remove terror activists regarding whom there is concrete information concerning a clear and present danger posed by them".
It added that efforts were being made to decrease the use of detention without trial. The B'Tselem-HaMoked report acknowledges a decline in numbers such case.
B'Tselem says overall Israel currently holds 7,150 Palestinians in custody. Of these some 5,000 are serving sentences and 1,569 were awaiting trial, with 335 under administrative detention.
There are also nine people detained under a 2002 law regarding "illegal combatants".
The joint B'Tselem-HaMoked report also calls for an immediate end to such incarcerations, which they say offers "fewer protections" to internees than offered to administrative detainees.
They argue that "illegal combatant" internees are only released if they can prove they will not harm state security "thus switching the burden of proof onto the shoulders of the internee, who can never refute the allegations".
The army insisted that such interments - along with administrative detention - were "fully consistent with international law and with the rulings of the Supreme Court".
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