ISRAEL: ARBITRARY DETENTION OF THREE PALESTINIANS JOURNALISTS

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. 44/2024 concerning Moath Amarneh, Abu Iram Ameer, and Badr Mohammad, asking the Government of Israel to immediately release Mr. Mohammad and accord him and Messrs. Amarneh and Ameer an enforceable right to compensation and other reparations, in accordance with international law.

Read the full WGAD Opinion concerning Moath Amarneh, Abu Iram Ameer, and Badr Mohammad (Israel): Opinion No. 44/2024.

THREE PALESTINIAN JOURNALISTS ARBITRARILY ARRESTED

Moath Amarneh, Abu Iram Ameer, and Badr Mohammad are Palestinian journalists living in the West Bank. Mr Amarneh is also a photographer and cameraman for J-Media residing in the Dheisheh Refugee Camp. Mr Ameer is also a reporter and cameraman for the Palestinian news website Al Ersal Network and resides in Birzeit. Mr Mohammad is also a reporter and columnist for the Palestinian online website Al-Hadath. He has also contributed to articles on the situation of Palestinian prisoners on other news websites (Quds News Network and Metras) and resides in Beit Liqya.

The three journalists were accused of incitement and arrested by Israeli soldiers between 16 October and 5 November 2023. Mr Amarneh was allegedly arrested following a post on social media discussing the situation in the Occupied Palestinian Territory, sharing videos of bombings, displaced children, and a picture of a colleague who was also arbitrarily detained. On the day of Mr Amarneh’s arrest, J-Media was asked to shut down and was described as an illegal organization compromising the safety of Israel. Mr Ameer and Mr Mohammad were not informed of charges pending against them during their arrests. Reports indicate that their arrests and detention involved the use of force, and suspicions of torture.

They were respectively sentenced to over 10 months in prison for Mr Amarned, 6 months for Mr Ameer, and 10 months for Mr Mohammad. Mr. Ameer and Mr. Amarneh were released from administration detention in May and July 2024 with Mr. Ameer believed to have lost 32 kg while in detention.

Although given the opportunity, the government of Israel has not responded to the Working Group's requests to respond to these allegations.

ARRESTED WITHOUT A WARRANT

The source submitted that prior to their arrests, the three journalists had not been presented with arrest warrants. This was confirmed by the Israel Defense Forces. Each of the individuals was detained solely based on administrative orders and without being informed of charges against them which is contrary to article 9(2) of the Covenant. Because the Government of Israel did not provide the Working Group with a justification of such arrests, the Working Group found that the three individuals presented no threat. Furthermore, because they were not informed of even the essence of evidence on which their administrative detention was based, the Working Group found that they were unable to effectively challenge the legality of their detention, in contravention with article 9(4) of the Covenant and in consequence they were denied their right to an effective remedy, protected under article 8 of the Universal Declaration of Human Rights and article 2(3) of the Covenant.

Therefore, the Working Group found that the arrests and detention of the three individuals were arbitrary under Category I, as they lacked any legal basis.

DETAINED BECAUSE OF THEIR WORK AS JOURNALISTS

The source alleged that the detention of Mr Amarneh, Mr Ameer, and Mr Mohammad was related to their activities as journalists, especially that they were all critical in their analysis of the actions and impact of the Israeli Defense Forces (IDF). No evidence was presented to indicate that their arrest was linked to violence, criminal conduct, or terrorist activities and the Government of Israel did not provide a response in that regard.

Therefore, the Working Group found that the arrests and detention of the three individuals were arbitrary under Category II, as they were arrested and detained due to their exercise of the right to freedom of expression, thus breaching article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.

VIOLATION OF THEIR RIGHT TO FAIR TRIAL AND DUE PROCESS

Messrs. Amarneh, Ameer and Mohammad have all been held in administrative detention without charges, access to evidence, a time limit, or legal representation. In that regard, the Working Group reiterated that the provisions of article 14 of the Covenant on the right to a fair trial are applicable even if under national law the detention is qualified as administrative if the sanctions imposed, because of their purpose, character or severity, must be regarded as penal. In that case, it found that the detention of the individuals were in fact of a penal nature and that they were deprived from communicating with their families, had restricted access to their lawyers and were interrogated without their lawyers, who also had limited access to the evidence against them which are all practises contrary to article 14(1) and (3)(b) of the Covenant.

Therefore, the Working Group found that the arrests and detention of the three

individuals were arbitrary under Category III.

DISCRIMINATED AGAINST BASED ON THEIR NATIONAL, ETHNIC, OR SOCIAL ORIGIN AS PALESTINIANS

According to the source, the arrest and detention of Messrs. Amarneh, Ameer, and Mohammad were made as a form of discrimination on the basis of their national, ethnic or social origin as Palestinians. In that regard, it described that Israel operates with two different and unequal legal systems in the same territory and the Working Group recognised a general manner in which the administrative detention orders were used against Palestinians in particular.

Furthermore, the source alleged that the three individuals were arrested and detained based on their political opinions, which are critical of the Government and its policies. The Working Group notably highlighted the fact that several special rapporteurs have described a pattern of use of administrative detention of journalists since 7 October 2023 and was convinced that their detention was based on their political opinions, in violation of articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the Covenant.

Therefore, the Working Group found that the arrests and detention of the three

individuals were arbitrary under Category V .

CONCLUSION OF THE UN WORKING GROUP ON ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Moath Amarneh, Abu Iram Ameer, and Badr Mohamma was arbitrary and fell under categories I, II, III and V because their deprivation of liberty was in contravention of articles 2, 7, 8, 9, 10, 11 and 19 of the Universal Declaration of Human Rights and articles 2, 9, 14, 19 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Israel take the steps necessary to remedy the situation of Moath Amarneh, Abu Iram Ameer, and Badr Mohammad without delay and bring it into conformity with the relevant international norms.The WGAD considers that the appropriate remedy would be to release Badr Mohammad immediately and accord him, Moath Amarneh, and Abu Iram Ameer an enforceable right to compensation and other reparations, in accordance with international law.