AA16CR24ADD1

AS (2016) CR 24
Addendum 1
Provisional edition

2016 ORDINARY SESSION

________________________

(Third part)

REPORT

Twenty-fourth sitting

Wednesday, 22 June 2016 at 3.30 p.m.

Debate: Administrative detention

The following texts were submitted for inclusion in the official report by members who were present in the Chamber but were prevented by lack of time from delivering them.

Ms BESELIA (Georgia) – The report is very important and I would like to thank the rapporteur, Lord Balfe, for preparing such a professional and precise report.

Using administrative detention lawfully and protecting Article 5 of the European Convention on Human Rights seems to be an important problem. The Parliamentary Assembly should permanently focus on safeguarding these standards.

The rapporteur has made a thorough analysis and comparison on administrative detention for security purposes. The most important issue here is safeguarding the principle of proportionality and ensuring a fair trial. For example, in Georgia, before the change of government in 2012, there was administrative detention of up to three months and it was often used against political opponents. As an attorney, I defended many unlawfully detained persons.

The conditions of detention were not appropriate and the judicial control of this process was formal. The number of administrative detentions was pretty high; for example, in 2010 there were 4 397 people in administrative detention; there were 4 461 people in 2011; 1 600 people in 2014; and 1 267 people in 2015. In 2014, we reduced the duration of administrative detention from 90 days to a maximum of 15 days. We increased judicial control and legislative guarantees for defence. Now we have good standards and Georgia’s example is excellent.

Once again, I would like to express my gratitude towards the rapporteur for a well-prepared report. I agree with his analysis and recommendations, and fully support the report.

Ms LAVIE (Israel, Observer) – I would like to thank Lord Balfe for the report.

Just two weeks ago, four Israelis were killed in a terrorist attack in Tel Aviv and 16 others were injured. Europe and America have experienced the same kind of terror in the past year—Paris, Brussels, Orlando, Copenhagen. There is a connection between all of these murders. The terrorism directed against Israel is no different from the terrorism directed against any other nation. In all of these cases, innocent citizens were murdered.

Terror does not accomplish anything, and does not discriminate among innocent citizens. There is reason to fear that terrorism will continue to strike us, and you. In this struggle, you must choose your side. On one side there are those who believe in life, and on the other side, there are those who sanctify death.

Israel is not immune to criticism; we are a democracy that criticizes itself daily. But there is a huge difference between legitimate criticism and complete hypocrisy. Israel cannot tolerate this moral blindness and double standard. Instead of condemning Israel in every possible forum, join us in this fight against terrorism. We are in the same boat. By doing this, you will promote peace and advance the rights of the individual much more than if you insist on condemning Israel.

You ask about Palestinians in administrative detention. Israel uses administrative detention to protect our citizens, but only when we have concrete proof that a person has the intention of committing a terrorist crime or is a member of, or has the intention of joining, a terrorist group. After Orlando, it became clear that America had investigated the terrorist before. He was under suspicion and under surveillance, but if he had been in administrative detention, 50 people would still be alive.

As a member of the Knesset’s Foreign Affairs and Defence Committees, I hear reports about planned attacks. Israel carefully considers every arrest. We carefully balance national security and civil rights, so we only arrest someone if he is a real security threat. International law allows us to put an individual into administrative detention if he or she constitutes a threat to national security. In Israel, we have complete freedom of the press; administrative detention is not used as a tool to close mouths or remove opinions. Is there anyone here willing to guarantee that not using this tool will put an end to Palestinian terrorism?