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(3) Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful."
Fourth Geneva's Article 78 states:
"If the Occupying Power considers it necessary, for imperative reasons of security, to take measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.""Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal (decided on) with the least possible delay. (If it's upheld), it shall be subject to periodical review...."
Administrative detentions should never substitute for customary criminal proceedings. Moreover, they should only be used to prevent future lawless acts, never abusively, routinely, and illegally.
Denied all rights, Khader has no way to defend himself. Moreover, in Ofer military court, Nahshon police intervention members terrorized him.
In detention, he remains on hunger strike for multiple reasons, including:
- his rights and identity were violated;
- his lawless arrest and abusive detention; and
- Israel's illegal administrative detention system.
It may continue indefinitely. Addameer : Prisoner Support and Human Rights Association calls him "prisoner at risk."
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