Articles

Khader Adnan in Immediate Danger,Israel's Court in No Rush

Published on 19 February 2012

Israel’s High Court scheduled a hearing regarding the case of hunger striking administrative detainee Khader Adnan for 23 February 2012. This date was scheduled despite a medical report that Adnan "is in immediate danger". The international community is called upon to hold Israel accountable.

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Israel’s High Court of Justice has today scheduled a petitions hearing regarding the case of Khader Adnan to take place Thursday, 23 February 2012 at 11:30am. The petition was filed by Khader Adnan’s lawyers on 15 February. The High Court of Justice was provided with a detailed medical report prepared on 14 February by an Israeli-accredited doctor on behalf of Physicians for Human Rights-Israel (PHR-Israel). Despite the elaborate medical report, which confirmed that Khader Adnan “is in immediate danger of death, and that “a fast in excess of 70 days does not permit survival,” the Israeli High Court appointed the petition session for 23 February with no guarantees that a decision will be made on the same day. By then, Khader Adnan—if alive—will have reached the 69th day of his ongoing hunger strike.

 

Addameer and PHR-Israel regret that in light of this crucial medical report, the pressure exerted by the local and international community, including the statements of High Representative of the European Union Catherine Ashton, United Nations Special Coordinator for the Middle East Peace Process Robert Serry, and United Nations Special Rapporteur on Palestinian Human Rights Richard Falk have been met with a delay in appointing the petitions hearing by Israel’s High Court of Justice.

 

Khader Adnan was arrested on 17 December 2011 at 3:30 am. He was issued a four-month administrative detention order on 8 January 2012. The order was issued based on the decision of Military Commander Yair Koles.  On 7 February, Military Judge Dalya Kaufman confirmed the administrative detention order.

 

Khader Adnan’s original appeal hearing took place on 9 February in a room at Zif Medical Center in Safad where Khader was hospitalized due to his medical condition as resulting from his ongoing hunger strike. In disregard to his medical condition the Court of Appeals delayed its decision until 13 February 2012, which marked Khader’s 58th day of his ongoing hunger strike. The decision statement rejecting the appeal issued by Judge Moshe Tirosh stated that Judge Tirosh found that the administrative order decision based on the “secret evidence” was balanced, and that Khader had only himself to blame for his medical condition owing to his choice to continue his hunger strike.

 

On 16 February, Addameer and Hamoked lawyers jointly delivered a request to Yair Koles, the Military Commander of the occupied Palestinian territories responsible for issuing the administrative detention order, calling on him to cancel the four month administrative detention order and immediately release Khader Adnan based on the fact that, due to his medical condition, the Military Commander can no longer uphold the ill-founded allegations that Khader Adnan poses an immediate threat to the security of the Area or public security of the State of Israel; therefore continuing to hold Khader Adnan in administrative detention any further is prima facie a violation of International law and Israeli law and amounts to arbitrary detention. As of yet, neither Addameer nor Hamoked have received any response to the request.

 

Addameer and PHR-Israel condemn the fact that the government of Israel continues its deliberate inaction and delay in disregard of the urgency of Khader Adnan’s case. Addameer and PHR-Israel hold the government of Israel accountable for the life of Khader Adnan.

Addameer and PHR-Israel call on the local and international communities to:

-          Apply pressure on the Military Commander, Yair Koles, to immediately cancel Khader Adnan’s administrative detention order;

-          Apply pressure on Israel’s High Court of Justice to reschedule the date of the petition to a closer date;

-          Apply pressure on the government of Israel to immediately release Khader Adnan;

-          Send representatives to attend the  Israeli High Court of Justice’s open petition hearing regarding Khader Adnan;

-          Apply pressure on the government of Israel to conform to international law and end its unlawful practices of arbitrary imprisonment, and release all Palestinians held in administrative detention.