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A/HRC/WGAD/2024/44

Opinion No. 44/2024 concerning Moath Amarneh, Abu Iram Ameer and Badr Mohammad (Israel)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2024-08-30 · en UN

Opinion; Subjects: ISRAEL, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.24-16623 (E)

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 100th session, 26–30 August 2024

Opinion No. 44/2024 concerning Moath Amarneh, Abu Iram Ameer

and Badr Mohammad (Israel)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work, 1 on 31 May 2024 the Working Group

transmitted to the Government of Israel a communication concerning Moath Amarneh, Abu

Iram Ameer and Badr Mohammad. The Government has not replied to the communication.

The State is a party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination, based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2024/44

General Assembly

Distr.: General

23 September 2024

Original: English

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1.

Submissions

(a)

Communication from the source

4.

Moath Amarneh was born on 21 August 1987. He is a Palestinian journalist,

photographer and cameraman for J-Media. He usually resides in the Dheisheh Refugee

Camp, Bethlehem, West Bank.

5.

Abu Iram Ameer was born on 22 September 1991. He is a Palestinian journalist,

reporter and cameraman for the Palestinian news website Al Ersal Network. He usually

resides in Birzeit, northern Ramallah, West Bank.

6.

Badr Mohammad was born on 13 December 1988. He is a Palestinian journalist,

reporter and columnist for the Palestinian online website Al-Hadath. He has also contributed

to columns on the situation of Palestinian prisoners on news websites including Quds News

Network and Metras. He usually resides in Beit Liqya, Ramallah, West Bank.

(i)

Context

7.

According to the source, administrative detention has peaked amid the situation in the

Occupied Palestinian Territory and Israel, with thousands of Palestinian civilians in

detention. The source argues that the use of administrative detention reached a 30-year high

in 2023 and has reportedly increased further since 7 October 2023.

8.

The source submits that the Israeli military is authorized to issue administrative

detention orders against Palestinian civilians on the basis of Military Order No. 1651, first

introduced in 1970. Article 285, which has been in effect since 2010, empowers military

commanders to detain an individual for renewable periods of up to six months if they have

reasonable grounds to presume that regional security or public security require the detention.

It is noted that on or just before their expiry dates, detention orders are frequently renewed.

This process can be continued indefinitely, as there is no limit to the maximum amount of

time an individual may be held in administrative detention.

9.

Reportedly, around 80 per cent of the total number of arrests made by the Israeli

authorities since 7 October 2023 have effectively resulted in indefinite administrative

detention, as indicated by numerous United Nations special procedure mandate holders in a

communication to the Government of Israel.2

10.

Allegedly, the situations of the three individuals in the present case are representative

of a wider pattern of the use of administrative detention by the Israeli Defense Forces to

detain journalists in the West Bank without a charge. This pattern has reportedly become

significantly more widespread since 7 October 2023 and is consistent with that identified by

five special rapporteurs on 1 February 2024.3

11.

According to the source, the cases of Messrs. Amarneh, Ameer and Mohammad

provide a comprehensive view of the systematic targeting of journalists in the West Bank.

The three individuals have the following points in common: they are all Palestinian

journalists who were arrested at their homes in the West Bank during the three weeks that

followed 7 October 2023. They are all journalists who have published material critical of the

Israeli Defense Forces, of Israel or of both. Since their arrest, none of them has been charged

and all have been denied access to a fair trial and communication with their families.

12.

The source asserts that the Government of Israel is detaining Palestinian civilians and

journalists in the West Bank as a means of silencing opposition and those with critical views

of the Government.

13.

In addition, the lawyers representing Messrs. Amarneh, Ameer and Mohammad were

appointed by the Commission of Detainees’ Affairs, which is effectively a legal aid service

administered by the Palestinian Authority. As there are only four lawyers allocated to

2 See communication ISR 9/2023, available at

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28609.

3 See https://www.ohchr.org/en/press-releases/2024/02/gaza-un-experts-condemn-killing-and-

silencing-journalists.

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working on administrative detention cases, each lawyer has a caseload of approximately

900 cases. Their ability to comprehensively document all the details of the cases is therefore

severely impeded.

14.

The primary function of the lawyers at the Commission of Detainees’ Affairs is to

inform families about sentences. Only in exceptional cases do they challenge court decisions.

According to the source, this is because the lawyers are routinely denied access to evidence

owing to security reasons, appeals have limited success, and even if the Supreme Court of

Israel demands the release of a detainee, it is possible that the detainee will be arrested again.

Moreover, the cost of hiring a private lawyer is relatively high in comparison to the low

income levels in the West Bank, which means that the families must rely on the Commission

lawyers. In this context and given the ongoing situation in the Occupied Palestinian Territory

and Israel, obtaining information about particular cases is reportedly difficult: either the

information is not known, the lawyers have not documented it or it is not possible to contact

the lawyers.

(ii)

Arrest and detention of Mr. Amarneh

15.

The source reports that on 16 October 2023 at 3.30 a.m., 12 Israeli soldiers raided

Mr. Amarneh’s home and handcuffed him. One of the soldiers then forced Mr. Amarneh to

speak over the phone to an officer, who asked him about the nature of his work. When

Mr. Amarneh replied that he was a journalist, the officer informed him that he was under

arrest for incitement. The soldiers then seized his mobile phone and arrested him. Thereafter,

he was reportedly blindfolded, verbally abused, kicked and taken out of the house and placed

in an Israeli Defense Forces vehicle. He was sent to Megiddo Prison.

16.

On the day of Mr. Amarneh’s arrest, the Israeli Defense Forces ordered the J-Media

agency, where Mr. Amarneh worked, to shut down. In a statement, the Israeli Defense Forces

reportedly described the J-Media agency as an illegal organization and said its closure was

necessary for the security of Israel, the safety of the public and public order.

17.

The source alleges that Mr. Amarneh was arrested in retaliation for his commentary

on social media on the ongoing situation in the Occupied Palestinian Territory and Israel.

Reportedly, in the days prior to his arrest, Mr. Amarneh posted on his personal social media

account, which has 22,000 followers, about the situation in the Occupied Palestinian

Territory and Israel. He included videos about bombings in Gaza and displaced and injured

children and a picture of his J-Media colleague who had been arrested by Israeli forces on

15 October 2023.

18.

Two weeks after his arrest, on 29 October 2023, the Military Court of Israel confirmed

Mr. Amarneh’s six-month administrative detention, as previously ordered by the Military

Commander. However, no charge sheet has been issued in his case. The source notes that

these hearings are not trials and the defendants are not able to defend themselves, particularly

as there is no charge or accusation presented under administrative detention. Moreover,

because of the ongoing situation in the Occupied Palestinian Territory and Israel, some

hearings have been held by video call.

19.

The source notes that Mr. Amarneh has been allowed access to a lawyer and that his

lawyer has been allowed to visit him. However, it is not known whether Mr. Amarneh has

been interrogated and, if he has, whether his lawyer was present at the time.

20.

On 10 November 2023, Israeli prison officers hit Mr. Amarneh and broke his glasses

after he told them he had persistent headaches due to having lost an eye and a head injury he

suffered in 2019. As a result of the beatings by the Israeli prison officers, Mr. Amarneh

sustained another head injury, which has exacerbated his headaches and poor eyesight. The

Israeli authorities have refused to take him to a hospital to receive the treatment he needs for

his headaches and the diabetes from which he also suffers. Moreover, Mr. Amarneh’s cell is

reportedly overcrowded and he is forced to sleep on the floor with no blankets, despite the

cold weather.

21.

Reportedly, Mr. Amarneh appeared before the Military Court for the first time in

February 2024. That same month, his lawyer appealed the six-month administrative detention

decision, requesting his release on medical grounds. In response, the Military Court shortened

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the administrative detention period to four months and three weeks. However, that decision

did not change Mr. Amarneh’s situation, as administrative detention orders are renewed

automatically.

22.

On 10 March 2024, Mr. Amarneh’s administrative detention was extended for a

further six months. Reportedly, his lawyer appealed that decision and Mr. Amarneh is

currently waiting for the Supreme Court hearing, which is likely to take place at the beginning

of June 2024.

23.

The source reports that Mr. Amarneh’s family has not been allowed to visit him since

his arrest.

24.

On 18 April 2024, Mr. Amarneh was transferred to Ktziot prison in Negev.

Mr. Amarneh and other detainees suffer from swollen hands and legs due to being handcuffed

all the time. Mr. Amarneh suffers from swelling on his right leg particularly, as a result of

being restrained during the long bus journey while being transferred from Megiddo prison to

Ktziot prison.

25.

The source submits that at Ktziot prison, the quantity and quality of food is poor and

that during summer, Mr. Amarneh and other detainees are forced to wear winter clothes,

whereas during the previous winter, they were forced to wear summer clothes.

(iii)

Arrest and detention of Mr. Ameer

26.

The source submits that on 5 November 2023 at 5.20 a.m., officers of the Israeli

Defense Forces raided Mr. Ameer’s home in Birzeit, north of Ramallah, and arrested him.

Mr. Ameer was reportedly not notified of the charges against him or the reasons for his arrest,

nor shown an arrest warrant.

27.

The officers of the Israeli Defense Forces asked Mr. Ameer for his identity papers at

the time of the arrest and confiscated his mobile phone. They did not use force against him,

but when he requested permission to say goodbye to his family members before being taken

away, the soldiers refused. Subsequently, Mr. Ameer was blindfolded and led to a military

vehicle by approximately nine armed soldiers. At that moment, soldiers of the Israeli Defense

Forces reportedly told Mr. Ameer that his journalism career was over. He was subsequently

interrogated in the street, including about his social media account, and accused of incitement

during his journalistic work.

28.

Immediately after his arrest, Mr. Ameer was taken to an army base and handcuffed

for six hours. After that, he was transferred to an army camp in the south of the West Bank,

where he stayed for two days, after which he was transferred to Ofer prison.

29.

The source reports that Mr. Ameer was handcuffed for a long period of time, even

inside the prison, which resulted in his hands becoming severely swollen. It is submitted that

Mr. Ameer was interrogated without a lawyer present.

30.

Reportedly, once at Ofer prison, Mr. Ameer was sent to the police office, where he

was attacked and verbally assaulted. A printed document had already been prepared with

between 20 and 30 questions in Hebrew, all of which had already been answered with the

word “no”. Mr. Ameer was told that the document was his statement, that there was no need

to investigate more, and that he could sign it and go.

31.

On 12 November 2023, Mr. Ameer appeared before the Israeli Military Court for the

first time by means of a brief video conference. Reportedly, he was not allowed to talk; the

discussion was held between his lawyer and the officers of the Military Court about his

journalistic work. During the hearing, no connection appears to have been demonstrated

between Mr. Ameer and a political or any other type of organization, and no evidence of

incitement was presented. The Military Prosecutor referred to the existence of a “secret file”.

The Military Court agreed to reduce the detention order from six to three months, as there

was no evidence that Mr. Ameer had been guilty of incitement or any proof that he belonged

to any Palestinian organizations.

32.

On 19 November 2023, the Military Prosecutor appealed to reinstate the six-month

detention order and Mr. Ameer’s lawyer appealed to keep it at three months. Reportedly, a

second hearing occurred that same day, during which Mr. Ameer was allowed to speak and

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explain his journalism work. The Military Court confirmed the three-month administrative

detention order. Mr. Ameer’s lawyer appealed to the Supreme Court, which agreed to release

Mr. Ameer after a total of six months from the time of his arrest, thus setting his release date

as 3 May 2024.

33.

From the time of his arrest, Mr. Ameer was not allowed to see his family, as family

members are not allowed to visit or communicate with detainees. Furthermore, he was unable

to communicate with his lawyer, except for on 29 November 2023 and 25 February 2024.

34.

The source notes that the Israeli authorities told Mr. Ameer that he had been arrested

because of his journalism, without any elaboration on the official grounds for the arrest. As

a journalist, Mr. Ameer has covered arrests of young Palestinian protesters, the release of

Palestinian activists from prison and the harassment of Palestinians by Israeli authorities. In

2023, he covered an Israeli military incursion in Jenin, where a renowned Palestinian-

American journalist had reportedly been killed by the Israeli Defense Forces in May 2022.

Mr. Ameer posted on his personal social media account, criticizing the Israeli forces.

35.

In late 2017, when Mr. Ameer was working as a reporter for the Al-Aqsa television

channel, he was arrested for several weeks for his journalism. The Government of Israel

banned Al-Aqsa in 2018.

36.

On 17 February 2024, Mr. Ameer and other detainees were violently assaulted.

Moreover, on 29 March 2024, Israeli soldiers reportedly entered the cell occupied by

Mr. Ameer and other detainees while they were asleep. The soldiers were accompanied by a

dog and beat the detainees, including Mr. Ameer.

(iv)

Arrest and detention of Mr. Mohammad

37.

The source submits that in October 2023, Mr. Mohammad received a phone call from

an Israeli military officer ordering him to return to custody after he had been released

following a four-month detention earlier in 2023. The order came despite there being no

outstanding charges against Mr. Mohammad.

38.

Reportedly, officers of the Israeli Defense Forces and the Israeli Security Agency

(Shin Bet) went to Mr. Mohammad’s home three times to arrest him. However, he was not

at home on any of those occasions. The first attempt was on 19 October 2023 at 3 a.m. The

second attempt was on 22 October 2023 between 3 and 4 a.m., during which three of

Mr. Mohammad’s family members were arrested.

39.

The third attempt was on 27 October 2023, during which officers of the Israeli

Defense Forces searched and damaged Mr. Mohammad’s house, including his furniture, and

seized his electronic devices.

40.

During each of the visits, the officers of the Israeli Defense Forces told

Mr. Mohammad’s family that he needed to appear for interrogation but did not provide them

with any explanation. Moreover, Mr. Mohammad’s family members reportedly received

phone calls telling them not to help him hide.

41.

According to the source, the next day, 28 October 2023, officers of the Israeli Defense

Forces arrested a fourth member of Mr. Mohammad’s family, who works as a journalist for

Al-Hadath, the same Palestinian website for which Mr. Mohammad works. That same day,

at approximately 4 p.m., after his family member was arrested, Mr. Mohammad went to the

gates of Ofer prison, in the West Bank, and turned himself in. He was immediately arrested

by the Israeli Defense Forces and the Israeli Security Agency. Reportedly, he was not shown

an arrest warrant or given any reason for his arrest.

42.

When Mr. Mohammad turned himself in at Ofer prison on 28 October 2023, his family

member who had been arrested that same day was released. Reportedly, Mr. Mohammad was

interrogated without a lawyer present.

43.

On 7 November 2023, the Military Commander ordered Mr. Mohammad’s

administrative detention for six months. On 11 November 2023, he appeared before the

Military Court for the first time, by video conference. Reportedly, two of Mr. Mohammad’s

family members have since been released, while one remains in detention.

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44.

Reportedly, neither Mr. Mohammad’s family nor his lawyer were able to visit him at

Ofer prison.

45.

Reportedly, Mr. Mohammad has been subjected to severe torture. Allegedly, on

4 December 2023, he was severely beaten. As a result, his left hand has become numb, and

he is unable to sleep at night due to back pain. Moreover, he has shortness of breath due to

having been sprayed four times with an unknown gas in a very narrow, enclosed space. The

source notes Mr. Mohammad’s poor conditions of detention, which include dirty blankets

and insufficient food.

46.

On 20 March 2024, Mr. Mohammad was transferred to Ktziot prison in southern

Israel, where he is currently being held and no visits have been allowed. Allegedly, the only

communication between Mr. Mohammad and his lawyer was during a visit on 21 March

2024, which was difficult to organize, having been delayed multiple times by the Israeli

authorities. The visit took place only after Mr. Mohammad’s family issued a request based

on their concerns about his health.

47.

An appeal was filed against Mr. Mohammad’s administrative detention order, which

was rejected and his administrative detention was extended for four months.

(v)

Legal analysis

48.

The source argues that the arrest and detention of Messrs. Amarneh, Ameer and

Mohammad are arbitrary under categories I, II, III and V of the working methods of the

Working Group.

a.

Category I

49.

The source recalls that under article 9 (1) of the Covenant, no one is to be deprived of

liberty except on such grounds and in accordance with such procedures as are established by

law. Article 9 (2) of the Covenant provides that anyone who is arrested is to be informed, at

the time of the arrest, of the reasons for their arrest and is to be promptly informed of any

charges against them. These rights are reinforced by article 9 of the Universal Declaration of

Human Rights.

50.

The source argues that when the Israeli Defense Forces detained Messrs. Amarneh,

Ameer and Mohammad, they did not show an arrest warrant or any other decision by a public

authority and did not provide the legal reasons for their arrests at the time of the arrest. Each

of the individuals has been detained based on administrative detention orders, but it is

reported that no charge sheet or oral communication of a charge has been provided in any of

the cases. The reasons for their administrative detention are described in the military orders

as “endangering the security of the area”.

51.

The source recalls that the Working Group has previously stated its agreement with

the view expressed by the Human Rights Committee in its general comment No. 35 (2014)

that administrative detention presents severe risks of arbitrary deprivation of liberty

(para. 15).4 Furthermore, it recalls that the Working Group has previously found similar

violations of arrest procedures by the Israeli authorities.5

52.

According to the source, no evidence has been presented by the Israeli authorities that

the three individuals pose a “present, direct and imperative threat”.6 It recalls that the Human

Rights Committee has stated that disclosure to the detainee of, at least, the essence of the

evidence on which the decision is taken to issue an administrative detention order is necessary

to ensure that the requirements of article 9 of the Covenant are met.7 It contends that this has

not occurred in the present case.

53.

The source also recalls the Human Rights Committee’s concluding observations on

the fourth periodic report of Israel, issued in 2014, in which the Committee requested the

State party to “end the practice of administrative detention and the use of secret evidence in

4 Opinions No. 44/2017 and No. 86/2017.

5 Opinion No. 12/2020, para. 23.

6 Human Rights Committee, general comment No. 35 (2014), para. 15.

7 Ibid.

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administrative detention proceedings, and ensure that individuals subject to administrative

detention orders are either promptly charged with a criminal offence, or released”.8 During

the review of Israel under the universal periodic review, held in 2023, several Member States

made recommendations relating to administrative detention, focusing on minimizing its use

and ensuring that, whenever it is used, it is done in accordance with international human

rights law.9

54.

Moreover, the source argues that Messrs. Amarneh, Ameer and Mohammad have not

appeared before a judicial authority, as they were sentenced to administrative detention by

the Military Court, pursuant to the Military Commander’s orders. Reportedly, in the cases of

Mr. Amarneh and Mr. Ameer, the lawyers appealed before the Supreme Court.

55.

For the above reasons, the source asserts that the Israeli authorities lack any legal basis

to justify the deprivation of liberty of Messrs. Amarneh, Ameer and Mohammad, which

amount to arbitrary detention under category I.

b.

Category II

56.

The source submits that the arrests and subsequent detention of Messrs. Amarneh,

Ameer and Mohammad are due to their work as journalists and thus fall under category II.

57.

The source reports that all three individuals are journalists who critically examine the

behaviour and impact of the Israeli Defense Forces. For instance, Mr. Ameer has covered the

arrest of young Palestinian protesters, the release of Palestinian activists from prison and the

harassment of Palestinians by the Israeli authorities. Moreover, in summer 2023, Mr. Ameer

covered an Israeli military incursion in Jenin and posted on social media, criticizing the

Israeli forces. Similarly, Mr. Mohammad published a series of articles on the Palestinian

online website Al-Hadath and on the news websites Quqs News Network and Metras.

58.

The source submits that Mr. Amarneh is a photographer and cameraman for the

J-Media agency, which is based in the West Bank. As Mr. Amarneh is a photojournalist, there

are no specific stories attributable to him. However, his posts on social media immediately

prior to his detention highlighted the targeting of journalists by the Israeli Defense Forces

and the wider harms suffered by the civilian population after 7 October 2023.

59.

According to the source, while in detention, Mr. Ameer was told that he had been

arrested because of his journalism. At the time of Mr. Amarneh’s arrest, one of the soldiers

conducting the arrest forced him to speak over the phone to an officer, who asked him about

the nature of his work. Reportedly, when Mr. Amarneh replied he was a journalist, the officer

informed him that he was under arrest for incitement.

60.

Mr. Amarneh was arrested on 16 October 2023, the same day that the Government of

Israel banned J-Media, where he worked, on the basis that J-Media was an illegal

organization and that its closure was for the sake of the security of Israel, the safety of the

public and public order. The source submits that at least three other journalists who worked

for J-Media were also arrested and held in administrative detention within two weeks of it

being banned.

61.

The source argues that no evidence has been presented to indicate that any of the three

individuals directly incited violence or otherwise engaged in criminal or terrorist activities.

62.

For the above reasons, the source concludes that the three individuals were arrested

and subsequently detained due to the exercise of their right to freedom of expression, in

violation of article 19 of the Covenant and article19 of the Universal Declaration of Human

Rights.

c.

Category III

63.

The source argues that the detention of Messrs. Amarneh, Ameer and Mohammad is

arbitrary under category III as they have been denied the right to due process.

8 CCPR/C/ISR/CO/4, para. 10.

9 A/HRC/54/16, para. 39.

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64.

It submits that, in the cases of Messrs. Amarneh, Ameer and Mohammad, the right to

a fair trial has been violated, as they have been held in administrative detention without any

charges, evidence, time limit or legal representation.

65.

The source recalls that the Working Group has previously held that the detention of

persons on the basis of confidential material and information to which neither the detainee

nor his or her lawyer has access constitutes a fundamental breach of the right to a fair trial

under article 14 of the Covenant.10 In such circumstances, detainees are not afforded a fair

opportunity to defend themselves, with or without the lawyer’s support. The source argues

that, as none of the individuals in the present case have been told or shown any of the evidence

against them, they have not been given the opportunity to defend themselves, in violation of

the principle of equality of arms. The source notes that the Working Group has previously

recognized that every individual deprived of liberty has the right to access material related to

his or her detention, including information that may assist the detainee in arguing that the

detention is not lawful or that the reasons for the detention no longer apply.11 The source also

notes that while such a right is not absolute, and there are some recognized justifications that

a Government may provide, such as national security,12 in the present case, the Government

of Israel has not provided a justification for not giving the three individuals access to all the

information in their cases. The source asserts that this violates the three individuals’ right to

a fair trial and to have adequate time and facilities for the preparation of a defence in full

equality,13 enshrined in articles 14 (1) and (3) (b) of the Covenant.

66.

Similarly, the source submits that the three individuals have effectively been unable

to challenge their detention and therefore, their right to an effective remedy under article 8

of the Universal Declaration of Human Rights and article 2 (3) of the Covenant has also been

violated.

67.

Moreover, the source reports that the three individuals have been unable to

communicate with their families since their arrest and that no visits are allowed. Allegedly,

the only communication that the three individuals have had since their arrest is with their

lawyers, and even that is severely limited. Messrs. Amarneh, Ameer and Mohammad are

reportedly not able to initiate access or hold private communications with their lawyers, and

in general, their lawyers can arrange visits only when there are upcoming hearings or legal

issues.

68.

The source argues that the lawyers representing Messrs. Amarneh, Ameer and

Mohammad have difficulties in comprehensively documenting all the details of each of their

cases, as they have a caseload of approximately 900 cases due to the limited number of

lawyers appointed by the Commission of Detainees’ Affairs to work on administrative

detention cases. Moreover, it is reported that only in exceptional cases are Military Court

decisions challenged, due to a lack of resources and their low prospect of success.

69.

The source submits that Messrs. Amarneh, Ameer and Mohammad are civilians

detained based on military legislation and the orders of the Military Court. It recalls that the

Working Group has consistently held the view that, whatever the charges, civilians must

never be tried by military courts, as they cannot be considered independent and impartial

tribunals for the purpose of trying civilians.14

70.

The source also recalls that the Working Group has specifically noted that “military

tribunals are often used to deal with political opposition groups, journalists and human rights

defenders, and it considers that, as a general rule, military tribunals should only be competent

to try military personnel for military offences”.15

10 Opinion No. 12/2020, para. 26.

11 United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court, principle 12 and guidelines 11 and

13.

12 Ibid., guideline 13.

13 Opinions No. 19/2005, para. 28 (b); No. 50/2014, para. 77; No. 89/2017, para. 56; No. 18/2018,

para. 53; and No. 78/2018, paras. 78 and 79. See also opinion No. 70/2019.

14 Opinions No. 31/2017, para. 27; and No. 12/2020, paras. 28 and 29; and A/HRC/27/48, paras. 66–70.

15 Opinion No. 60/2023, para. 67.

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71.

Similarly, the source recalls that the Human Rights Committee has concluded that

trials of civilians by military or special courts should be exceptional, limited to cases in which

the State party can show that resorting to such trials is necessary and justified by objective

and serious reasons and in which, with regard to the specific class of individuals and offences

at issue, the regular civilian courts are unable to conduct the trials.16 In the present case, the

source notes that the three individuals are journalists and that no evidence or justification has

been provided to suggest that their detention is necessary or justified.

d.

Category V

72.

The source submits that the arrest and detention by the Israeli authorities of

Messrs. Amarneh, Ameer and Mohammad fall under category V because they constitute

discrimination on the basis of their national, ethnic or social origin as Palestinians.

73.

The source asserts that the Government of Israel operates two separate and unequal

legal systems in the same territory. Allegedly, individuals with Israeli citizenship living in

the West Bank are not detained under administrative detention. While Israeli military law

gives military courts the authority to try any person located in the West Bank aged 12 years

or older, Jewish citizens who reside within the bounds of the West Bank are subject to the

Israeli civilian legal framework. The source submits this is based on a decision taken by the

Attorney General of Israel dating back to the 1980s, whereby Israeli citizens are to be tried

in the Israeli civilian court system under Israeli penal laws, even if they live in the Occupied

Palestinian Territory and the offence is committed there, against residents of the Occupied

Palestinian Territory.

74.

The source recalls that the Working Group has previously recognized that

administrative detention on the basis of Military Order No. 1651 has been particularly

directed against Palestinian civilians and that it has previously been applied on a

discriminatory basis against them.17 According to the source, the same pattern is present in

the case of Messrs. Amarneh, Ameer and Mohammad: they are being held without any charge

or evidence of being a security risk. By comparison, Israeli citizens are entitled to the

procedural protections of a criminal court.

75.

The source submits that the detention of Messrs. Amarneh, Ameer and Mohammad is

part of a wider use of administrative detention since 7 October 2023. The source asserts that

journalists are being arrested and detained against a wider context of violations of press

freedom and violence against journalists by Israel during the armed conflict. The source

contends that, as of 10 March 2024, 95 deaths of journalists and media workers have been

confirmed, 90 of which were Palestinians who had been killed in Gaza.

76.

According to the source, 17 cases of journalists being held by Israel as of 1 December

2023 have been documented, with 14 of them in administrative detention. The source

contends that this figure continues to rise.18 That situation is inconsistent with the call made

in 2020 by the Special Rapporteur on the situation of human rights in the Palestinian

territories occupied since 1967 for Israel to end the practice of administrative detention.19

77.

Moreover, the source recalls that the Office of the United Nations High Commissioner

for Human Rights has found that, as of December 2023, “the Israeli Prison Services held

7,417 Palestinian civilians on ‘security charges’, including 2,873 held under administrative

detention without charge or trial”.20

16 Human Rights Committee, general comment No. 32 (2007), para. 22.

17 Opinion No. 60/2023, para. 72.

18 See https://www.ohchr.org/sites/default/files/documents/countries/palestine/2023-12-27-Flash-

Report.pdf.

19 See https://www.ohchr.org/en/press-releases/2020/10/un-expert-calls-israel-end-practice-

administrative-detention-and-immediately.

20 See https://www.ohchr.org/sites/default/files/documents/countries/palestine/2023-12-27-Flash-

Report.pdf, p. 5, footnote 1.

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GE.24-16623

78.

For all the above reasons, the source concludes that the arrest and detention of

Messrs. Amarneh, Ameer and Mohammad were based on their Palestinian origin, and thus

are arbitrary under category V.

(b)

Response from the Government

79.

On 31 May 2024, the Working Group transmitted the allegations from the source to

the Government under its regular communications procedure, requesting a reply by

30 July 2024. The Working Group regrets that the Government did not submit a reply within

the established time frame, nor did it seek an extension in accordance with paragraph 16 of

the Working Group’s methods of work.

2.

Discussion

80.

In determining whether the detention of Messrs. Amarneh, Ameer and Mohammad

was arbitrary, the Working Group has regard to the principles established in its jurisprudence

to deal with evidentiary issues. If the source has established a prima facie case for breach of

international requirements constituting arbitrary detention, the burden of proof should be

understood to rest upon the Government if it wishes to refute the allegations.21 In the present

case, the Government has chosen not to challenge the prima facie credible allegations made

by the source. In the absence of a response from the Government, the Working Group has

decided to render the present opinion, in conformity with paragraph 15 of its methods of

work.

81.

As a preliminary matter, the Working Group notes that Mr. Ameer was released from

administrative detention on 2 May 2024 and that he had lost 32 kg while in detention.

Mr. Amarneh was released from administrative detention on 9 July 2024. Mr. Mohammad

remains in detention. In accordance with its methods of work, the Working Group reserves

the right to render an opinion, on a case-by-case basis, whether or not the deprivation of

liberty was arbitrary, notwithstanding the release of the person concerned.22 In the present

case, the Working Group is of the opinion that the allegations made by the source are

extremely serious, noting that the case is ongoing and that it has received no information

regarding the conditions of the release of Messrs. Amarneh and Ameer. Therefore, the

Working Group shall proceed to deliver the opinion.

82.

The source has submitted that the arrest and detention of the three individuals are

arbitrary and fall under categories I, II, III and V. The Working Group will consider these in

turn.

(a)

Category I

83.

The source has submitted, and the Government has not refuted, that when the Israeli

Defense Forces arrested and detained each of the three individuals, they did not show an

arrest warrant or other decision by a public authority and did not provide the legal reasons

for their arrest at the time of the arrest. Each of the individuals was detained based on

administrative detention orders, but reportedly, no charge sheet or oral communication of a

charge was provided. The reason for their administrative detention, as indicated in the

military orders, is “endangering the security of the area”.

84.

Pursuant to article 9 (1) of the Covenant, no one is to be deprived of his or her liberty

except on such grounds and in accordance with such procedures as are established by law.

Article 9 (2) of the Covenant provides that anyone who is arrested is to be informed, at the

time of arrest, of the reasons for his or her arrest and is to be promptly informed of any

charges against him or her. As the Working Group has previously stated, for deprivation of

liberty to have a legal basis, it is not sufficient that there is a law that may authorize the arrest.

The authorities must invoke that legal basis and apply it to the circumstances of the case.23

21 A/HRC/19/57, para. 68.

22 A/HRC/36/38, para. 17 (a).

23 Opinions No. 9/2019, para. 29; No. 46/2019, para. 51; and No. 59/2019, para. 46.

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GE.24-16623

11

This is typically done through an arrest warrant or arrest order (or equivalent document).24

The reasons for arrest must be provided immediately upon arrest and must include not only

the general legal basis of the arrest, but also enough factual specifics to indicate the substance

of the complaint, such as the wrongful act and the identity of an alleged victim.25

85.

The Working Group observes the source’s allegations, which are unrefuted by the

Government, that Messrs. Amarneh, Ameer and Mohammad were not presented with an

arrest warrant at the time of arrest and that, in the cases of Messrs. Amarneh and Ameer, the

authorities told them only that they had been arrested for incitement, without any further

details. Based on the information available to it in the present case, and in the absence of an

explanation from the Government, the Working Group is of the view that the three

individuals were not presented with arrest warrants or provided with the reasons for arrest, at

the time of their arrest, in violation of article 9 (1) and (2) of the Covenant and article 9 of

the Universal Declaration of Human Rights. In the cases of Messrs. Amarneh and Ameer, the

authorities limited themselves to telling the individuals that they were being arrested for

incitement after they stated that they worked as journalists.

86.

Furthermore, the Working Group takes note of the source’s uncontested allegations

that the three journalists were held in administrative detention without being informed of any

charge or accusation against them. Under article 9 (2) of the Covenant, anyone who is arrested

must be promptly informed of any charges against him or her. The right to be promptly

informed of charges concerns notice of criminal charges, and as the Human Rights

Committee has noted, that right applies in connection with ordinary criminal prosecutions

and also in connection with military prosecutions or other special regimes directed at criminal

punishment.26 That requirement was not satisfied in the case of the three journalists in the

present case. The Working Group therefore finds a breach of article 9 (2) of the Covenant.

87.

The Working Group observes that the three journalists were subjected to

administrative detention on the basis of Military Order No. 1651, without charge or trial. In

that regard, the Working Group concurs with the Human Rights Committee that

administrative detention presents severe risks of arbitrary deprivation of liberty. The

Committee has noted that such detention would normally amount to arbitrary detention as

other effective measures addressing the threat, including the criminal justice system, would

be available. If, under the most exceptional circumstances, a present, direct and imperative

threat is invoked to justify the detention of persons considered to present such a threat, the

burden of proof lies on the State to show that the individual poses such a threat and that it

cannot be addressed by alternative measures, and that burden increases with the length of the

detention.27

88.

The Working Group observes that Mr. Mohammad has been in detention since his

arrest on 28 October 2023, while Messrs. Ameer and Amarneh were released on 2 May 2024

and 9 July 2024 respectively, without ever being notified of any charges against them. The

Government of Israel did not avail itself of the opportunity it was given to explain to the

Working Group what present, direct and imperative threat the three individuals posed at the

time of their arrests and how those threats persisted during their detention. That requirement

is an imperative in order to ensure compliance with article 9 of the Covenant and to ensure

the legality of such administrative detention. The Working Group must thus conclude that no

such threat exists and that therefore, the three individuals’ detention lacks a legal basis. As

the Human Rights Committee has stated, disclosure to the detainee of at least the essence of

the evidence on which the decision is taken to issue an administrative detention order is

necessary to ensure that the requirements of article 9 of the Covenant are met.28 The Working

24 Opinions No. 88/2017, para. 27; No. 3/2018, para. 43; and No. 30/2018, para. 39. In cases of arrests

made in flagrante delicto, the opportunity to obtain a warrant will typically not be available.

25 Human Rights Committee, general comment No. 35 (2014), para. 25; opinion No. 30/2017, paras. 58

and 59; and opinion No. 85/2021, para. 69.

26 Human Rights Committee, general comment No. 35 (2014), para. 29; and opinion No. 44/2022,

para. 66.

27 Human Rights Committee, general comment No. 35 (2014), para. 15; and opinions No. 13/2023 and

No. 60/2023.

28 Human Rights Committee, general comment No. 35 (2014), para. 15; and opinions No. 73/2018,

para. 49; No. 12/2020, para. 26; and No. 68/2022, para. 53.

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GE.24-16623

Group thus finds that the three individuals did not have the ability to effectively challenge

the lawfulness of their detention,29 contrary to article 9 (4) of the Covenant. Without access

to such information, their detention is arbitrary, and they have been denied the right to an

effective remedy under article 8 of the Universal Declaration of Human Rights and

article 2 (3) of the Covenant.

89.

The Working Group concludes that the three individuals’ arrest and subsequent

detention are arbitrary and fall under category I.

(b)

Category II

90.

The source has also submitted that the arrest and subsequent detention of the three

individuals are based on their legitimate work as journalists, and thus fall under category II,

as they were arrested and subsequently detained due to the exercise of their right to freedom

of expression, in violation of article 19 of the Covenant and article 19 of the Universal

Declaration of Human Rights.

91.

It has not been disputed that all three individuals are journalists who have critically

examined the behaviour and impact of the Israeli Defense Forces and have covered various

aspects of the situation in the Occupied Palestinian Territory and Israel. The Working Group

takes note of the uncontested allegations from the source that Mr. Amarneh was arrested a

few days after he posted on his personal social media account about the situation in the

Occupied Palestinian Territory and Israel, and that the Israeli Defense Forces reportedly

ordered the J-Media agency, where he worked, to shut down, describing it in a statement as

an illegal organization and indicating that its closure was necessary for the security of Israel

and for the safety of the public. The Working Group also takes note of the source’s

allegations, which are not challenged by the Government, that the authorities conducting

Mr. Ameer’s arrest told him that his journalism career was over.

92.

In the absence of a response from the Government of Israel, the Working Group is

satisfied that the three individuals’ detention arose from their exercise of their right to

freedom of expression, recognized under article 19 of the Covenant and article 19 of the

Universal Declaration of Human Rights. While article 19 of the Covenant provides that the

right to freedom of expression may be restricted as provided by law and where necessary for

the protection of national security or of public order (ordre public), it has not been

demonstrated that the work of Messrs. Amarneh, Ameer or Mohammad amounted to inciting

violence. Consequently, it has not been shown that their arrest was necessary and

proportionate for the legitimate aim of protecting national security or public order.

93.

The Working Group concludes that the arrest and detention of the three journalists

resulted from the peaceful exercise of their right to freedom of opinion and expression and

were contrary to article 19 of the Universal Declaration of Human Rights and article 19 of

the Covenant. Their detention is thus arbitrary under category II.

(c)

Category III

94.

The source argues that the detention of Messrs. Amarneh, Ameer and Mohammad is

arbitrary under category III as they have been denied the right to due process, given that they

were held in administrative detention without any charges, evidence, time limit or legal

representation.

95.

The Working Group notes that the present case is one concerning administrative

detention, which does not involve charges or a trial within the criminal justice system, and

that the fair trial guarantees in article 14 of the Covenant would not normally apply. However,

as the Human Rights Committee has stated, the nature of the sanction must be considered,

regardless of its classification under domestic law, in determining whether the fair trial

guarantees in article 14 apply in each case. Criminal charges relate in principle to acts

declared to be punishable under domestic criminal law. The notion may also extend to acts

29 The Working Group has made similar findings involving Israel when detention was based on

evidence not available to the detainee. See opinions No. 44/2017, No. 86/2017, No. 34/2018,

No. 73/2018, No. 12/2020 and No. 68/2022.

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GE.24-16623

13

that are criminal in nature with sanctions that, regardless of their qualification in domestic

law, must be regarded as penal because of their purpose, character or severity.30

96.

The Working Group has adopted that reasoning in its jurisprudence, noting that the

provisions of article 14 of the Covenant on the right to a fair trial are applicable where the

sanctions imposed, because of their purpose, character or severity, must be regarded as penal,

even if, under national law, the detention is qualified as administrative.31 Without such an

enquiry into the nature of the sanction imposed, States could effectively circumvent their

obligations under the Covenant simply by characterizing their detention regime as

administrative under domestic law. That is particularly significant in the context of

administrative detention orders imposed in Israel, which appear to be used as a substitute for

criminal proceedings, rather than to prevent an imminent threat, when there is not enough

evidence to charge and prosecute an individual.32

97.

In the present case, the three individuals’ detention must be regarded as penal in

nature, and the Working Group will consider whether their detention meets the requirements

of article 14 of the Covenant and other relevant provisions. The Working Group has

previously found that, in cases involving an excessive length of detention, the individual is

to enjoy the same guarantees as in criminal cases, including those under article 14 of the

Covenant, even if the detention is qualified as administrative under national law.33 The

Working Group takes note that Mr. Ameer was held in administrative detention for six

months, Mr. Amarneh was held in administrative detention for nine months and

Mr. Mohammad remains in administrative detention since his arrest on 28 October 2023.

98.

The Working Group observes that the three individuals appeared before a military

court, which imposed the administrative detention upon them. With regard to the jurisdiction

of the military courts, the Working Group has consistently stated its view that the trial of

civilians by military courts is in violation of the Covenant and customary international law

and that, under international law, military tribunals can only be competent to try military

personnel for military offences.34 In the present case, the Government failed to explain,

despite having the opportunity to do so, the reasons for having the three individuals appear

before a military court. The Working Group does not consider that Israeli military courts

meet the standard of an independent and impartial tribunal for the purposes of considering

matters involving civilians. Moreover, it recalls that under article 14 of the Covenant, the

court must be independent and impartial. In that regard, in its earlier jurisprudence, the

Working Group has stated that the military courts of Israel that impose such administrative

detention do not satisfy that criterion.35 In the light of the information available, the Working

Group finds that Messrs. Amarneh, Ameer and Mohammad were deprived of the right to

have their case determined in a fair hearing by a competent, independent and impartial

tribunal, as required under article 14 (1) of the Covenant and article 10 of the Universal

Declaration of Human Rights.

99.

According to the source, Mr. Ameer’s detention is based on secret files to which

neither he nor his lawyer were given access. On 12 November 2023, Mr. Ameer reportedly

appeared before the Israeli military court, no evidence of incitement was presented, and the

military prosecutor referred to the existence of a “secret file”. The Working Group recalls

that every individual deprived of liberty has the right to have access to all material related to

the detention, including information that may assist the detainee in arguing that the detention

30 Human Rights Committee, general comment No. 32 (2007), para. 15. See also Perterer v. Austria

(CCPR/C/81/D/1015/2001), para. 9.2.

31 See opinions No. 3/2012, No. 20/2012, No. 45/2012, No. 58/2012, No. 43/2014, No. 31/2017,

No. 73/2018, No. 12/2020, No. 60/2021, No. 61/2021, No. 4/2022 and No. 68/2022.

32 A/HRC/37/42, para. 21.

33 See opinions No. 31/2017, No. 73/2018, No. 12/2020 and No. 49/2020.

34 A/HRC/27/48, paras. 66–71. See also opinions No. 44/2016, No. 30/2017, No. 28/2018, No. 32/2018,

No. 66/2019 and No. 68/2022.

35 Opinions No. 15/2016, paras. 25–27; and No. 24/2016, para. 21. See also opinions No. 3/2012 and

No. 58/2012.

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GE.24-16623

is not lawful or that the reasons for the detention no longer apply.36 However, that right is not

absolute, and the disclosure of information may be restricted if it is necessary and

proportionate in pursuing a legitimate aim, such as protecting national security, and if the

State has demonstrated that less restrictive measures, such as providing redacted summaries

that clearly point to the factual basis for the detention, would be unable to achieve the same

result.37 The Government has not provided an explanation for the secrecy surrounding the

evidence against Mr. Ameer, nor any justification as to why he could not be provided with

access to it. The Working Group thus considers that the failure to provide full access to the

evidence has violated Mr. Ameer’s right to a fair trial and the equality of arms under article

14 (1) and (3) (b) and (e) of the Covenant and articles 10 and 11 (1) of the Universal

Declaration of Human Rights.38

100.

The Working Group takes note of the source’s unrefuted allegations that the three

individuals were unable to communicate with their families after their arrest and that

communication with their lawyers was severely limited. They were reportedly unable to

initiate access or hold private communications with their lawyers, and their lawyers could

arrange visits only when an upcoming hearing or legal issue existed. For instance,

Mr. Mohammad was unable to receive a visit from his lawyer until 21 March 2024 and even

then, it was difficult to organize and was delayed by the authorities several times. Mr. Ameer

was unable to see his lawyer until 29 November 2023 and then only once again on

25 February 2024. Moreover, Messrs. Ameer and Mohammad were reportedly interrogated

without their lawyers present.

101.

The Working Group recalls that access to counsel is a right enshrined under article 14

(3) of the Covenant and principles 11 (2), 17 and 18 of the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment. All persons

deprived of their liberty have the right to legal assistance by counsel of their choice, without

delay and at any time during their detention, including immediately after the moment of

apprehension.39 The right to legal assistance is an essential element of the right to a fair trial,

as it serves to ensure that the principle of equality of arms is duly observed. The Government

has chosen not to contest the source’s prima facie credible allegations, despite having been

given the opportunity to do so. Thus, the Working Group considers that Messrs. Ameer and

Mohammad were denied the right to legal assistance, in violation of article 14 (3) (b) of the

Covenant and contrary to principle 18 (3) of the Body of Principles, rule 61 (1) of the

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson

Mandela Rules) and principle 9 and guideline 8 of the United Nations Basic Principles and

Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty

to Bring Proceedings Before a Court.

102.

Furthermore, the Working Group recalls that the rights of detainees to communicate

with the outside world and to be visited by their family members are fundamental safeguards

against any attempts by the authorities to violate their human rights, including by torture or

any other ill-treatment and enforced disappearance. The Human Rights Committee has

observed that giving prompt and regular access to family members, as well as independent

medical personnel and lawyers, is an essential and necessary safeguard for the prevention of

torture and for protection against arbitrary detention and infringement of personal security.40

Denial of the rights to be visited by and correspond with family members and to be given

adequate opportunities to communicate with the outside world, subject to reasonable

conditions and restrictions, as specified by law or lawful regulations, is contrary to principles

36 United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court, principle 12 and guidelines 11 and

13.

37 Ibid., guideline 13, paras. 80 and 81.

38 Opinions No. 50/2014, para. 77; No. 89/2017, para. 56; No. 18/2018, para. 53; and No. 78/2018,

paras. 78 and 79.

39 United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court, principle 9 and guideline 8; Human

Rights Committee, general comment No. 35 (2014), para. 35; A/HRC/27/47, para. 13; A/HRC/45/16,

paras. 50–55; and A/HRC/48/55, para. 56.

40 Human Rights Committee, general comment No. 35 (2014), para. 58.

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15

15 and 19 of the Body of Principles for the Protection of All Persons under Any Form of

Detention or Imprisonment and rules 43 (3) and 58 (1) of the Nelson Mandela Rules.

103.

On the basis of the foregoing, the Working Group finds that the three individuals’

detention is arbitrary and falls under category III.

(d)

Category V

104.

The source submits that the arrest and subsequent detention of the three journalists

constitute discrimination on the basis of their national, ethnic or social origin as Palestinians.

According to the source, the Government of Israel operates two separate and unequal legal

systems in the same territory: while Israeli military law gives military courts the authority to

try any person located in the West Bank who is aged 12 years or older, Jewish citizens who

reside within the bounds of the West Bank are subject to the Israeli civilian legal framework.

105.

The Working Group has previously observed that administrative detention on the

basis of Military Order No. 1651 has been particularly directed against Palestinians. 41

Throughout the occupation of the West Bank by Israel, the vast majority of persons held in

administrative detention have been Palestinians. In the absence of any explanation from the

Government in the present case, the Working Group takes note of the pattern that has

emerged through the number of cases that have been brought before it in the past with similar

facts,42 and notes the general manner in which the administrative detention orders in those

cases were used against Palestinians in particular, a usage also highlighted by the Human

Rights Committee43 and the Committee on the Elimination of Racial Discrimination.44 The

Working Group concludes that the arrest and detention of Messrs. Amarneh, Ameer and

Mohammad were conducted on discriminatory grounds, namely their national, ethnic and

social origin as Palestinians. The Working Group refers the present case to the Special

Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.

106.

Furthermore, the source claims that the three individuals were arrested and detained

based on their political opinion and that their detention is part of a wider pattern of use of

administrative detention of journalists since 7 October 2023. The Government has not

challenged the source’s allegations, despite having been given the opportunity to do so. The

Working Group also notes that, in February 2024, numerous special rapporteurs expressed

grave concern at the fact that “dozens of Palestinian journalists have been detained by Israeli

forces in both Gaza and in the West Bank where harassment, intimidation and attacks on

journalists have increased since the 7 October attacks”.45

107.

The Working Group notes that when detention has resulted from the active exercise

of civil and political rights, there is a strong presumption that the detention also constitutes a

violation of international law on the grounds of discrimination based on political or other

views. As concluded in the analysis under category II, the deprivation of liberty of the three

individuals was the result of the peaceful exercise of their fundamental rights under

international law. The Working Group is thus convinced that their detention was based on

their political opinions, which are critical of the Government and its policies.

108.

The Working Group therefore finds that the three Palestinian journalists were

deprived of their liberty on discriminatory grounds based on their national, ethnic and social

origin and their political opinion. Their deprivation of liberty violated articles 2 and 7 of the

Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant and is

arbitrary according to category V.

41 Opinions No. 31/2017, para. 35; and No. 60/2023, para. 72.

42 See opinions No. 13/2016, No. 24/2016, No. 3/2017, No. 44/2017, No. 86/2017, No. 34/2018,

No. 4/2022 and No. 60/2023.

43 CCPR/C/ISR/CO/4, para. 10.

44 CERD/C/ISR/CO/14-16, para. 27.

45 See https://www.ohchr.org/en/press-releases/2024/02/gaza-un-experts-condemn-killing-and-

silencing-journalists.

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GE.24-16623

(e)

Concluding remarks

109.

The Working Group is concerned about the severity of the alleged conditions of

detention and the torture to which the three individuals were subjected, including beatings,

being forced to wear winter clothes in summer and summer clothes in winter, and being

handcuffed for long periods of time, causing swelling in their hands. Moreover, the Working

Group is concerned about the unrefuted allegations from the source regarding the poor quality

and quantity of food, and that Mr. Ameer lost 32 kg while in detention. The Working Group

reminds the Government of its obligations under article 10 (1) of the Covenant and rules 1,

24, 27 and 118 of the Nelson Mandela Rules, which state that all persons deprived of their

liberty must be treated with humanity and with respect for their inherent dignity, including

by being allowed to enjoy the same standards of health care that are available in the

community.46 Furthermore, rule 22 of the Nelson Mandela Rules guarantees the right of all

detained persons to receive food of wholesome quality and drinking water.

110.

The Working Group reiterates that it would welcome the opportunity to work

constructively with the Government of Israel in addressing its serious concerns relating to

arbitrary deprivation of liberty.47 On 7 August 2017, the Working Group sent a request to the

Government to undertake a country visit. It hopes to receive a positive response from the

Government as a sign of its willingness to enhance its cooperation with the United Nations

special procedures.

3.

Disposition

111.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Moath Amarneh, Abu Iram Ameer and Badr Mohammad,

being in contravention of articles 2, 7, 8, 9, 10, 11 and 19 of the Universal Declaration

of Human Rights and articles 2, 9, 14, 19 and 26 of the International Covenant on

Civil and Political Rights, is arbitrary and falls within categories I, II, III and V.

112.

The Working Group requests the Government of Israel to take the steps necessary to

remedy the situation of Messrs. Amarneh, Ameer and Mohammad without delay and bring it

into conformity with the relevant international norms on detention, including those set out in

the Universal Declaration of Human Rights and the International Covenant on Civil and

Political Rights.

113.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Mohammad immediately and accord

him and Messrs. Amarneh and Ameer, in respect of their administrative detentions between

16 October 2023 and 9 July 2024, and 5 November 2023 and 2 May 2024, respectively, an

enforceable right to compensation and other reparations, in accordance with international

law.

114.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Messrs. Amarneh, Ameer and Mohammad and to take appropriate measures against those

responsible for the violation of their rights.

115.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on the situation of human rights in the Palestinian

territories occupied since 1967, for appropriate action.

116.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

46 Opinion No. 26/2017, para. 66.

47 See opinions No. 3/2017, No. 31/2017 and No. 44/2017.

A/HRC/WGAD/2024/44

GE.24-16623

17

4.

Follow-up procedure

117.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Mohammad has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to

Messrs. Amarneh, Ameer and Mohammad;

(c)

Whether an investigation has been conducted into the violation of the rights of

Messrs. Amarneh, Ameer and Mohammad and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Israel with its international obligations in line with the

present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

118.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example, through a visit by the Working

Group.

119.

The Working Group requests the source and the Government to provide the above

information within six months of the date of the transmission of the present opinion.

However, the Working Group reserves the right to take its own action in follow-up to the

opinion if new concerns in relation to the case are brought to its attention. Such action would

enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as of any failure to take action.

120.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and requested them to take account of its views and,

where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.48

[Adopted on 30 August 2024]

48 Human Rights Council resolution 51/8, paras. 6 and 9.