Center for the Defence of the Individual - CrimFH 7048/97 - Anonymous v. Ministry of Defence Judgment
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12.04.2000|Judgment|Judgment / Supreme Court

CrimFH 7048/97 - Anonymous v. Ministry of Defence Judgment

Judgment in a petition by Lebanese citizens who fully served their various prison sentences in Israel but were kept in custody to serve as "bargaining chips" in negotiations for the release of captives or MIA's. The petition was granted. In a majority decision, the court rules that as the only lawful means for detaining the petitioners is administrative detention under the Detentions Law, and as the Detentions Law does not allow for the detention of a person who is not a threat to national security - the petitioners must be released.

Updates

Unexpectedly, after having spent over six and seven years in prison, two Palestinians from the Gaza Strip held in Israel under the Incarceration of Unlawful Combatants Law have been released: the two prisoners were placed in administrative detention in 2002 and 2003 and following the implementation of the disengagement plan, the Chief of Staff issued a warrant for their incarceration pursuant to the Law
26.08.2009
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The Supreme Court has confirmed that the Incarceration of Unlawful Combatants Law is constitutional, rejecting the appeals submitted by HaMoked on behalf of two Palestinians from the Gaza Strip who are being held in prison in Israel under the law: The ruling declines to address the Appellants’ cases and ignores the fact that they were arrested 5 and 6 years ago in the Gaza Strip under the Administrative Detentions Law
30.06.2008
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Following the end of military rule in the Gaza Strip, the State released three administrative detainees, residents of the Strip, but issued new detention orders against two others under the Incarceration of Unlawful Combatants Law: the orders were issued a few days after the Supreme Court declined to review the difficult questions raised by this Law, and ruled – based on the State's notice – that at the time, there were no detainees being held pursuant to the Law, therefore the issue "has become theoretical"
09.08.2005
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Administrative Detention Forcible Transfer Freedom to Choose a Residence