Security Prisoner
Security Detainee
Administrative Detainee
HCJ 6757/95 - Hirbawi et al. v. IDF Commander in Judea and Samaria Judgment
Judgment | 6757/95 | 11.2.1996
HCJ gave the force of judgment to an agreement reached between the sides in a petition regarding the provision of notification of a person's detention and whereabouts according to security legislation in the OPT. The agreement details the procedure for providing notice regarding the detention and location and establishes that such notice be given without delay according to details given by the detainee. The agreement also establishes that all security forces provide a control center with up-to-date information regarding the detention and location of a detainee once daily. The control center is to provide details from this information in response to written applications by organizations handling this issue and/or attorneys representing detainees.
In a hearing on the petition filed by HaMoked, the court criticized the authorities for holding a detainee in the investigations wing of the Kishon Detention Center without making a record of the detention: The court also held that, as a rule, a detainee being held until the end of legal proceedings and whose interrogation has ended should be held in the framework of the Israel Prisons Service ...
The military and the Israeli Prison Service continue to shirk their duty to inform families of detainees of their detention and location: in 2010 HaMoked: Center for the Defence of the Individual handled over 3,200 requests to trace new detainees
Though Palestinian detainees continue to "disappear" and their families receive no notification regarding their whereabouts: the court refuses to instruct the state to change the protocol governing registration of detainees and notification of their arrest
The HCJ recommended that HaMoked withdraw its petition for the publication of the names of the Gaza detainees held by the military: the detainees' rights – which the list of names could have helped guarantee – will remain unprotected
HaMoked in petition to the HCJ: repeated failure of the authorities to trace a stateless Palestinian prisoner (02) 627 1698   (02) 627 6317

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