There is almost no judicial oversight of administrative detention in Israel: A low-ranking military judge examines intelligence submitted to him in writing by the state only. Israel likes to boast of its high level of judicial review, but data provided by the military at the request of Haaretz proved otherwise: Military courts approved 90 percent of the administrative detention orders. The judges in uniform cancel only 1 percent of the orders. The reason for this is simple, as a former legal adviser to the Shin Bet told Haaretz: The judges prefer not to rule against the defense establishment. The result is that if the Shin Bet says a person should remain in detention, he will remain in detention – and without knowing why.
This is not the only deterioration that occurred in the past year: Shamelessly and without pretext, the Israel Prison Service significantly reduced its transparency regarding administrative detainees. In the past, the agency gave not only the total number of people in custody but also a breakdown by age, sex and residency. But it refused to provide this information to Haaretz in recent weeks despite numerous requests.
Unusually, among the current administrative detainees are four Jews from the radical right. While there is no criticism in Israel of the detention without charges of nearly 1,000 Palestinians, the Jewish detainees have a strong lobby: Last week, National Security Minister Itamar Ben-Gvir met with the four detainees’ parents and said, in a statement he issued later: “It is not democratic to arrest a person and throw him in prison without evidence and without a trial.” Ben-Gvir added that he would try to persuade the relevant authorities to release them. The right-wing criticism of administrative detentions shows once again the unbearable hypocrisy of those who demand rights for only one side, and dare to call themselves second-class citizens.
Detention without charges or trial is an instrument used only by dictatorships. The latest figures prove unequivocally: The tool that is supposed to be reserved for only the most exceptional cases has become a modus operandi of Israeli rule in the territories. The administrative detainees must be either prosecuted or released.
The above article is Haaretz’s lead editorial, as published in the Hebrew and English newspapers in Israel.