Appeal Against Six-Month Administrative Detention Order Issued Against a Palestinian Citizen Political Activist

A.D.A. 1232/01, Ghassan Athamleh v. The Minister of Defense

In 12/00, then Prime Minister and Minister of Defense, Ehud Barak, issued an order based on "secret evidence" to hold Mr. Ghassan Athamleh (Central Committee member of the National Democratic Assembly Party) under administrative detention for six months. Adalah submitted an appeal against the order to the President of the Nazareth District Court (NDC), which was rejected. In 2/01, Adalah filed an appeal to the Supreme Court against the Minister of Defense seeking to overturn the District Court's decision. Adalah argued that administrative detention severely violates Mr. Athamleh's due process rights, in clear contradiction with the Basic Law: Human Dignity and Liberty (1992). Further, Adalah argued that Mr. Athamleh's detention was politically motivated, and demanded that if the State had evidence, it should initiate a criminal prosecution and submit an indictment.

Result: Appeal rejected and District Court decision upheld. Administrative detention order affirmed. Mr. Athamleh was released from administrative detention in 6/01.

(A.D.A. 1232/01, Ghassan Athamleh v. The Minister of Defense, unpublished decision)