Judicial supervision of the use of isolation in pre trial detention

The Committee noted Israel's frequent use of administrative detention entailing restrictions on access to counsel and to disclosure of reasons for detention.

(i) Abolish the use of ungazetted or unauthorized places of detention or safe houses , and immediately provide information about all places of detention

It also expressed its concern over the use of prolonged incommunicado detention.

(i) Precarious conditions of detention, frequent use of torture, arbitrary detentions, interrogations, and violations of human rights by the security organs

This authority serves as a form of guarantee against the use of torture and ill treatment in detention centres, prisons and correctional facilities.

During 2004 the IBA and HRI have continued to keep a watching brief on anti terrorist laws and the use of indefinite detention.

Detention

Substantive issues Arbitrary detention right to take proceedings before court to challenge lawfulness of detention

Approximately 79 per cent of the overall cost for detention services relates to detention guards.

It wishes to receive statistical data, disaggregated by nationality and length of detention, relating to persons held under such detention, including in offshore detention centres.

It also restricts the use of pre trial detention, requiring it to be imposed only in exceptional circumstances and for as short a period of time as possible.

The Special Rapporteur is concerned at ongoing allegations of the pervasive and systematic use of torture and ill treatment by the authorities against persons in pre trial detention.

There is continued concern about the situation of women in detention and the issue of illegal detention.

A training of trainers course was also implemented, providing 46 police trainers with in depth knowledge of human rights, use of force, arrest and detention practices and interview techniques.

Illegal detention

Preventative Detention

Arbitrary detention

Arbitrary detention

(j) At the poor conditions of detention and long pre trial detention periods of up to three years

What was the maximum length of time a person could be held in pre trial detention without being able to communicate with anyone outside the detention facility? The delegation had informed the Committee that when pre trial detention was extended, it became court detention rather than police detention.

Women who are under temporary detention and violate regulations of the detention center and thus are subject to punishment of isolated detention in a separate room will not be fettered like men.

B. Pretrial detention

Arbitrary detention 114

2005 Arbitrary detention

(e) The date and time of admission to the place of detention and the authority responsible for the place of detention

It was troubling that Israeli forces had continued to use UNRWA school buildings as bases and detention centres and that Agency vehicles had come under fire.

The independent expert was informed of the persistence of torture and arbitrary detention, particularly in military installations or illegal detention centres.

(j) Improve conditions in places of detention, ensuring that they conform to international minimum standards, adopt necessary measures to reduce the pre trial detention period and continue to address overcrowding in places of detention

The occupation forces were continuing to destroy the Agency's facilities and premises, use its educational facilities and schools as detention centres and take actions against Agency workers.

Conditions of detention continued to be appalling.

Complaints regarding detention of individuals are filed

Baseless detention of humanitarian workers is unacceptable.

Celebrating a dictator's detention

C. Children in detention

Arbitrary detention 11 114

(v) Detention in precarious conditions, the use of torture and violations of human rights by security organs, intelligence agencies and the police, while encouraging the judiciary to exercise more control over such agencies

There are cases in which the excessive use of police force outside detention, by applying the proportionality test has been found to constitute CIDT e.g. the cases of R.L. and M. J.D. v.

(d) Detention the extent to which the HRsL obligations relating to detention, such as the right to habeas corpus and the right to counsel, are applicable to the circumstances of detention under LOAC IHL

E. Rights of suspects and those in detention

(e) Reduce the length of pre trial detention

A new preventative detention regime that allows detention for up to 48 hours in a terrorism situation.

So called enemy combatants remain in indefinite incommunicado detention without formal charges and are unable to challenge the basis of their detention.

Subject matter Right to self determination of former British Southern Cameroon Arbitrary detention of separatist leader Conditions of detention Denial of right to vote in elections

In the detention cases, the victim has been found to be within the jurisdiction in relation to violations associated with detention, such as alleged unlawful detention or alleged ill treatment.