Center for the Defence of the Individual - HCJ 1389/07 Commander of IDF Forces in the Judea and Samaria Area v. Military Court of Appeals Judgment
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28.02.2007|Judgment|Judgment / Supreme Court

HCJ 1389/07 Commander of IDF Forces in the Judea and Samaria Area v. Military Court of Appeals Judgment

Judgment in a petition by the Military Commander in the West Bank against the Military Court of Appeal’s decision to release a Hamas activist held intermittently in administrative detention during 2003-2007. The HCJ revokes the decision, which considered the detention unnecessary given the nature of the organizational and public activity attributed to the detainee. In its decision, the Military Court of Appeal expressed dismay that despite the activity, public by nature, the competent officials failed to establish a case against the detainee. The HCJ accepts the petition and rules that the detainee's senior status in Hamas and his activity, not confined to public activity, do endanger the security of the Area and the public and justify his continued detention.

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