ISRAEL: ARBITRARY DETENTION OF PALESTINIAN STUDENT ISLAM ZAHI RASIM AL RIMAWI

The International League Against Arbitrary Detention urges the Government of Israel to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 65/2024 concerning Islam Zahi Rasim Al Rimawi asking the Government of Israel to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Islam Zahi Rasim Al Rimawi (Israel): Opinion No. 65/2024.

ADMINISTRATIVE DETENTION OF A PALESTINIAN STUDENT IN THE WEST BANK

Islam Zahi Rasim Al Rimawi is a Palestinian high school student born on 21 October 2006. He usually resides in Bayt Rima, Ramallah, and holds an identification card of the State of Palestine.

The source submitted that Mr. Al Rimawi’s case is part of a wider system of administrative detention of Palestinian civilians in the West Bank by the Government of Israel. Reportedly, this system has been in place since 1967 and is now governed by Military Order 1651 of 2009. This law subjects civilians in the West Bank to the military court system when a commander believes that a certain person must be held in detention for regional or public security reasons. The Working Group has previously found that Israel uses administrative detention as a widespread mechanism to arbitrarily detain Palestinians. The source further claimed that Israel has resorted intensively to administrative detention of Palestinian civilians, especially minors, after 7 October 2023. Moreover, after this date, the Israeli Parliament adopted amendments to Military Order 1651, which reportedly further infringes the rights of detainees.

According to the source, Mr. Al Rimawi was arrested on 17 October 2023 in Ramallah by the Israeli Defense Forces, pursuant to article 285 (a) of Military Order 1651. On the same day, his detention was reviewed and approved by the Military Court. His administrative detention was then renewed twice, on 16 February and on 15 June 2024. At that last hearing, his detention was continued by the Military Court based on the serious security situation. Mr. Al Rimawi has reportedly not been charged with a criminal offence.

The Government was given the opportunity to contest the source’s allegations but chose not to do so. The Working Group noted that the Government of Israel had not replied to its communications since 2017.

UNLAWFUL ARREST, INCOMMUNICADO ADMINISTRATIVE DETENTION AND INABILITY TO CHALLENGE HIS DETENTION

The source alleged that, at the time of his arrest, Mr. Al Rimawi and his legal guardian were not presented a warrant, and the reasons for his arrest were not provided either. Afterwards, Mr. Al Rimawi was held in administrative detention, still without being informed of the charges against him. Without rebuttal from the Government, the Working Group considered that neither an arrest warrant nor the reasons for the arrest were provided to Mr. Al Rimawi or his legal guardian, in violation of article 9 (1) and (2) of the Covenant and article 9 of the Universal Declaration of Human Rights. The Working Group also concluded that Mr. Al Rimawi’s right to be promptly informed of the charges held against him, protected under article 9 (2) of the Covenant, was violated.

The source explained that Military Order 1651 provides for an 8-day delay for a detainee to be brought before a judge, a delay extended to 12 days by the Temporary Military Order 2148 adopted after 7 October 2023. In this case, Mr. Al Rimawi was detained 12 days before being brought before a military judge. In light of this explanation, the Working Group found that such a delay contravened Mr. Al Rimawi’s rights under article 9 (3) of the Covenant and articles 37 (b) and 40 (2) (b) (ii) of the Convention on the Rights of the Child.

As Mr. Al Rimawi was held in administrative detention on the basis of Military Order 1651, the Working Group recalled that administrative detention presents severe risks of arbitrary detention. Accordingly, the State is responsible for showing that alternative measures weren’t effective to address the threat, and the burden of proof increases with the length of the detention. However, the Government offered no explanation on how Mr. Al Rimawi posed a threat and how it persisted during his detention. Moreover, the Working Group noted that Mr. Al Rimawi had not been informed of the charges held against him since his arrest.

The source alleged that neither Mr. Al Rimawi nor his lawyer had had access to the information on which the administrative detention order was based, impeding their ability to challenge the detention. This information was considered “secret” by the Israeli military court. The Working Group found that Mr. Al Rimawi did not have the ability to challenge the lawfulness of his detention effectively, contrary to article 9 (4) of the Covenant. This right was further violated by Mr. Al Rimawi’s incommunicado detention for 12 days after his arrest.

Additionally, Mr. Al Rimawi's inability to challenge his detention before a court contravened his right to an effective remedy under article 8 of the Universal Declaration of Human Rights and article 2 (3) of the Covenant. The Working Group also found that Mr. Al Rimawi was placed outside the protection of the law, in violation of article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant.

According to the source, Mr. Al Rimawi was not allowed to contact his family during his detention. Recalling the importance of contact with the family to prevent cases of torture and arbitrary detention, the Working Group concluded that the right of Mr. Al Rimawi to contact with the outside world was denied, in violation of the Nelson Mandela Rules, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and the Convention on the Rights of the Child.

In light of the above, the Working Group found that Mr. Rimawi’s arrest and detention were arbitrary under category I.

VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL

The Working Group established in its jurisprudence the applicability of fair trial guarantees for cases 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. Taking into consideration the context in Israel, where administrative detention appears to be used to bypass criminal proceedings, the Working Group regarded Mr. Al Rimawi's case as penal in nature and considered the source’s allegations of violations to his right to a fair trial protected under article 14 of the Covenant.

Mr. Al Rimawi’s first detention and subsequent renewals were decided by a military court. The Working Group recalled that military courts are not competent to try civilians and that they do not meet the standard of an independent impartial tribunal for civilian matters. Israeli military courts are not an exception to this rule, and without an explanation for why Mr. Al Rimawi was tried by a military court, the Working Group found that Mr. Al Rimawi’s right to a fair hearing by a competent, independent, and impartial tribunal was violated, contrary to article 14 (1) of the Covenant, article 10 of the Universal Declaration of Human Rights, and articles 37 (d) and 40 of the Convention on the Rights of the Child.

Furthermore, the source claimed that during Mr. Al Rimawi's incommunicado detention, he was not allowed to contact his lawyer. Recalling the fact that Mr. Al Rimawi was a minor when he was detained and the specific guarantees attached to this status, the Working Group considered that his right to legal assistance was violated. In addition, Mr. Al Rimawi’s inability to challenge the basis for his arrest and detention, as considered above, constituted a violation of his rights to a fair trial and to equality of arms under article 14 (1) and (3)(b) and (e) of the Covenant, articles 10 and 11 of the Universal Declaration of Human Rights, and article 40 (2)(b)(iii) and (iv) of the Convention on the Rights of the Child.

Mr. Al Rimawi’s detention started on 17 October 2023, and his detention order has been confirmed twice since then. However, according to the source, he was never informed of the charges held against him and the reasons for the confirmation of the detention order. Therefore, the Working Group found that his right to a trial without undue delay was violated, especially considering his status as a minor when he was arrested.

In addition, the source submitted that Mr. Al Rimawi has been held in such poor conditions as to constitute cruel, inhuman and degrading treatment. It explained that he was being held in the overcrowded Ofer Prison with poor hygiene conditions, without adequate access to food and in the same cells as adults. In the absence of any rebuttal by the Government of Israel, the Working Group considered Mr.  Al Rimawi’s conditions of detention as a breach of article 10 of the Covenant.

As per the above, the Working Group concluded that the violations of Mr. Al Rimawi’s right to a fair trial and due process were of such gravity as to render his detention arbitrary under category III.

DISCRIMINATED AGAINST FOR HIS NATIONAL ORIGIN AND GENDER

The source claimed that Mr. Al Rimawi’s detention was based on discriminatory grounds, as he was targeted for his national, ethnic, or social origin as a Palestinian rather than to prevent an imminent threat. It described that his detention was part of a larger pattern of administrative detention of Palestinian children. Based on the similar cases brought before the Working Group and the observations of the Human Rights Committee and the Committee on the Elimination of Racial Discrimination, the Working Group recognized the Israeli use of administrative detention throughout its occupation of the West Bank to systematically target Palestinians. Therefore, the Working Group considered that Mr. Al Rimawi was arrested and detained on discriminatory grounds, namely, his national, ethnic, and social origin. Moreover, the Working Ground found that Mr. Al Rimawi was also discriminated against for his gender, as there was a clear pattern of Israel targeting boys for detention.

As a result, Mr. Al Rimawi’s arrest and detention were arbitrary under category V and violated articles 2 and 7 of the Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant, as well as article 2 (1) of the Convention on the Rights of the Child.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Islam Zahi Rasim Al Rimawi was arbitrary and fell under categories I, III and V because his deprivation of liberty was in contravention of articles 2, 6, 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 2, 9, 10, 14, 16 and 26 of the International Covenant on Civil and Political Rights.

The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.

In addition, the Working Group expressed its concerns regarding claims that minors were detained with adults after 7 October 2023 and reminded Israel of its obligations under the Convention on the Rights of the Child. The Working Group expressed grave concern regarding the source’s unrefuted submissions that the Government of Israel’s system of administrative detention of Palestinian civilians in the West Bank under Military Order 1651 had been in effect since 1967 and that the infringement of Palestinian civilians’ rights had further intensified since 7 October 2023.

Finally, the Working Group urged the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Al Rimawi and to take appropriate measures.