The seven Jordanian-born Palestinians moved as children to the West Bank with their families years ago, and have been living there ever since. Independently, each was arrested, charged and sentenced by Israel to serve a prison term, which they all completed, the last one in 2008. However, on the dates each was due for release, they were left in prison. The military issued orders for their deportation under the Order regarding Prevention of Infiltration, claiming they are not residents of the Occupied Territories and their presence there is illegal.
During incarceration, the detainees were officially notified that they bear the burden of proof as to their Jordanian status, and until they supply the required documentation, they would remain in prison. Additionally, the detainees were asked if they agreee to be deported to Gaza. Since none of them has any links to Gaza, all seven refused the "proposal", and the authorities continued to hold them in detention.
HaMoked: Center for the Defence of the Individual petitioned the High Court of Justice to order the military to release them to their West Bank homes and cancel the deportation orders against them. In the petitions, HaMoked argued that the petitioners are deprived of their rights to personal freedom and to due process; the deprivation of liberty through arrest or incarceration is an extreme and harsh measure, and more so in the hands of an administrative authority and without judicial review.
In separate proceedings, the state demanded the petitioners' signed consent to be deported to Jordan. HaMoked rejected this absurd demand on their behalf, asserting the petitioners' homes are in the West Bank, they have no links to Jordan and further still they have no status in Jordan.
In October 2009, the Order regarding Security Provisions was amended, ensued by a newly established military committee for examining deportation orders - a judicial instance designated for reviewing such cases. In view of this remedy, which provides an alternative to the court, HaMoked deleted its petitions, as advised the justices.
The military committee has convened, but has yet to review any specific case. Meanwhile, Israel continues to imprison the seven men without charge, as they await a decision on their fate, for months and years with no end in sight.
