Security Prisoner
Security Detainee
Administrative Detainee
HCJ 6745/15 - Abu Hashiyeh et al. v. Military Commander of the West Bank Area et al. Petition
Court Documents | 6745/15 | 12.10.2015
The military rejected HaMoked’s objection to the punitive demolition of a residence in the Askar refugee camp in Nablus: according to the military, demolishing the room where lived the suspect in a stabbing attack perpetrated a year ago is not sufficient for deterrence and there is need to demolish the entire apartment where the family lives
HaMoked in a High Court petition against the military’s decision to punitively demolish a residence in the Askar Refugee Camp: “the proximity between the order’s issuance date and the recent wave of attacks, reinforces the impression that this is not a deterrence measure, but a vindictive indiscriminate response”
In the court hearing on HaMoked’s petition against the planned punitive demolition in the Askar Refugee Camp: the HCJ advised the state to limit the scope of the demolition order
Contrary to the justices’ unequivocal advice to the state to reduce the scope of the demolition order issued against a family home in Askar, Nablus: “the state’s position is that there is room to implement the order … in full”
State clings to its position: “it is impossible to settle for just a partial demolition of the terrorist’s apartment”
The HCJ justices criticized the state for undue delay between the attack and the issuance of the punitive demolition order: the process took too long and for no apparent good reason
The HCJ in a rare decision in HaMoked’s petition against a punitive demolition order: the family home in the Askar Refugee Camp will not be demolished; “the Respondent’s exercise of the authority about a year after the [suspect]’s murderous deeds cannot anyhow lead to the desired and legitimate deterrence outcome” (02) 627 1698   (02) 627 6317

red-id | רד אינטראקטיב