Hamdi was arrested for the first time from the family home in
Bethlehem at 4:00 am, on 25 July 2008. He was woken by the sound of
Israeli soldiers banging on the front door.
Hamdi's hands and feet were immediately tied and he was ordered to
lie on the floor, as soldiers pointed their assault rifles and torches
at him. Whilst on the ground, a number of soldiers slapped, kicked and
beat him with their assault rifles. His hands were tied so tightly that
they began to swell. After 15 minutes, Hamdi was blindfolded and placed
on the floor of a military vehicle.
The military vehicle drove for around two hours during which time
Hamdi was insulted, slapped and kicked by the soldiers sitting around
him. One of the soldiers told Hamdi that they had killed his father
because he was a terrorist and that they were going to kill all
terrorists. At around 6:00 am the vehicle arrived at Ofer Interrogation
and Detention Centre, near Ramallah. Hamdi was taken to a small room
where he was again assaulted by a number of soldiers.
On 28 July 2008, four days after his arrest, Hamdi was interrogated
whilst sitting handcuffed in front of a desk. The interrogator asked
Hamdi whether he was a member of Islamic Jihad, an organisation banned
by the Israeli authorities. Hamdi replied that he had nothing to do
with the organisation and he supported independent members of the Fateh
movement. The interrogation lasted about one hour and Hamdi was then
taken back to his cell.
Several days later Hamdi was informed that he would be detained for
three months without charge or trial in administrative detention. On 13
November 2008, Hamdi was released from administrative detention without
having been charged with any offence.
On 18 December 2008, one month after his release, Hamdi was again woken
up at 2:00 am by the sound of Israeli soldiers banging on the front
door of the family home. Around five or six soldiers entered the house
and Hamdi was tied and blindfolded. He was again placed in a military
vehicle and driven for half an hour to Etzion Interrogation and
Detention Centre. On 21 December 2008, three days after his arrest,
Hamdi was transferred to Ofer for interrogation. The interrogator
wanted to know who Hamdi had met with since his release on 13 November,
asked him about the flags flying from the roof of his house and what
other activities he had been up to since his release. Hamdi replied
that he had met with relatives and neighbours and had had no
involvement in politics.
On 28 December 2008, Hamdi, without a lawyer or family member
present, was taken before the Administrative Detention Court in Ofer
Military Base. The military judge told Hamdi that there was a four
month administrative detention order against him based on 'secret
evidence'. Hamdi told the judge that he had not done anything wrong and
was only arrested because his father had been targeted for
assassination.
Hamdi's administrative detention order comes up for renewal on 15 April 2009.
Background information
On 12 March 2008, Hamdi?s father was killed, along with three others,
by an Israeli special unit in Bethlehem. The Israeli human rights
organisation, B’Tselem,
investigated the circumstances of the killing and reported that in
defiance of an Israeli High Court ruling, there was strong evidence to
suggest that the operation was a targeted assassination.
Hamdi's older brother also received an administrative detention order,
as did the son of one of the other men killed on 12 March, Mohammad
Balbol, who has been in administrative detention since 25 July 2008
(see DCI-Palestine - UA 1/08).
Administrative detention
Administrative detention is detention without charge or trial
and is often based on 'secret evidence'. Israeli Military Order 1591
empowers military commanders to detain Palestinians, including children
as young as 12, for up to six months if they have 'reasonable grounds
to presume that the security of the area or public security require the
detention'. The initial six month period can be extended by additional
six-month periods indefinitely. This procedure denies the detainee the
right to a fair trial and the ability to adequately challenge the basis
of his or her detention.
There are currently at least 548 Palestinians being held by Israel
without charge or trial in administrative detention, of which six are
children. For more information visit DCI-Palestine website at Freedom Now.
Recommended action
The detention of a child in these circumstances does not conform with
Israel's obligations under the Convention on the Rights of the Child or
the Convention Against Torture. Please send Urgent Appeals to the
Israeli authorities urging them to:
- Immediately cease the practice of holding children under the age of 18 in administrative detention; and
- Immediately and unconditionally release all persons
currently held in administrative detention, or charge them with a
recognisable offence and promptly try them in a proper court of law
with internationally accepted standards for a fair trial.
Prime Minister
Office of the Prime Minister
3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem, 91919, Israel
Fax: +972- 2-651 2631
Email: rohm@pmo.gov.il, pm_eng@pmo.gov.il
Salutation: Dear Prime Minister
Ehud Barak
Minister of Defence, Ministry of Defence,
37 Kaplan Street, Hakirya, Tel Aviv 61909, Israel
Fax: +972 3 691 6940
Email: minister@mod.gov.il
Salutation: Dear Minister
Minister of Justice, Fax: + 972 2 628 7757; + 972 2 628 8618
Attorney General, Fax: + 972 2 627 4481; + 972 2 628 5438; +972 2 530 3367