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Arbitrary Detention

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1.6.2011
The military releases three Palestinians to their West Bank homes: after holding them in prisons in Israel for more than three years under an administrative decision without being convicted
19.4.2011
After being imprisoned for more than three years under an administrative decision, without being convicted: two Palestinians are released to their West Bank homes; five others remain imprisoned in Israel
17.10.2010
According to an administrative decision and without being convicted: Seven Jordanian-born Palestinians who live in the West Bank have been held in prisons inside Israel for years after completing their sentence
HCJ 1268/10 Mahmud et al. v. Military Commander in the West Bank Judgment
Judgment / Supreme Court  |  1268/10  |  8.3.2010
Judgment in HaMoked’s petition to revoke a deportation order to Jordan issued by the military against a Palestinian who has been held for 2.5 years pending deportation. The court released the petitioner on bail and with conditions, inter alia that the he does not leave the district where he lives with his parents and reports to the Jenin DCO monthly. It was also ruled that the parties would dra...
HCJ 1268/10 Mahmud et al. v. Military Commander in the West Bank Petition for Order Nisi and Request for Interim Order
Petition to HCJ  |  1268/10  |  16.2.2010
HaMoked’s petition to revoke a deportation order to Jordan issued against a Palestinian from the West Bank and release him from a 2.5 year long detention pending this deportation. The petitioners argue that the continued detention of the Palestinian who, as a child moved with his parents from Jordan to the West Bank where he obtained status, and the deportation order issued by the military cons...
Secret Evidence and the Due Process of Terrorist Detention
Academic  |  19.11.2009
Article reviewing the manners in which various democracies handle their common difficulty in proving suspicions against alleged terrorists during hearings: while governments are forced to protect the sharing and collection of sensitive information when proving cases against terror suspects during hearings, withholding evidence from the suspects allegedly compromises the fairness of the judicial...
The Law Applicable to Non-Occupied Gaza: A Comment on Bassiouni v. Prime Minster of Israel
Academic  |  25.2.2009
The paper discusses the relevant legal framework for evaluating the sanctions Israel imposed on the civilian population in Gaza during Operation "Cast Lead", in light of the judgment in Bassiouni, HCJ 9132/07, which dealt with Israel's obligation to provide electricity and fuel to the Gaza Strip. The author assess the HCJ's position in Bassiouni, whereby after disengagement Gaza is not an occup...
HCJ 6011/08 Bani Odeh et al. v. IDF Commander in the Judea and Samaria Area Judgment
Judgment / Supreme Court  |  6011/08  |  1.12.2008
Judgment in Att. Yunis’ petition to revoke a deportation order to Jordan issued by the military against two Palestinian brothers who were born in Jordan and moved to the West Bank with their parents as young children. The HCJ rejects the petition and rules that the petitioners did receive permanent status with Israel’s approval but that this was an error and they have no vested right to receive...
Exceptions: Prosecution of IDF soldiers during and after the Second Intifada, 2000-2007
Report  |  28.10.2008
A report by Yesh Din on the outcome of indictments against soldiers charged with offences against Palestinians and their property from September 2000 to the end of 2007. The report reveals that indictments have been filed in only 6% of all investigations opened in the period covered by the report. The report also shows that although thousands of Palestinians had been killed in that period, sold...
HCJ 6011/08 Bani Odeh et al. v. IDF Commander in the Judea and Samaria Area Petition for Order Nisi and Request for Interim Order
Petition to HCJ  |  6011/08  |  6.7.2008
Petition by Att. Yunis to revoke an order of deportation to Jordan issued by the military against two Palestinian brothers from the West Bank. The petitioners argue that the decision to deport them to Jordan which they left with their parents when they were young children is disproportionate and constitutes a breach of the military commander’s duty under Israeli law, as no hearing or judicial r...
HCJ 4194/08 – Al-Wardian et al. v. Commander of the Investigation Unit of the Military Police Petition for Order Nisi
Petition to HCJ  |  4194/08  |  12.5.2008
HaMoked'd petition regarding the military's protracted and unreasonable delays in transferring investigation materials to Palestinians harmed by security forces. The military has delayed transferring materials to the Petitioners for years, despite their right to view them. In so doing, the military impedes them from submitting objections regarding the nature or outcome of the investigation and ...
The Right to Compensation for the Violation of Human Rights
Article  |  1.5.2008
An article on Israel's obligation to compensate Palestinians for the injustices of the occupation. The article explains the importance of civil claims by Palestinians as it is the only way to see some justice done and expose the mechanisms of wrongdoing. The article also explains the Israeli legislature's attempts to avoid civil claims and legislate an immunity mechanism for the State.
13.4.2008
In a compromise settlement signed by the State and a Jerusalem resident represented by HaMoked, the State agrees to pay compensation totaling NIS 105,000: The Plaintiff was detained in 2002 during Israel’s “Operation Defensive Shield” and was beaten by soldiers and incarcerated in Ofer Prison in appalling conditions
16.3.2008
HaMoked has filed suit for damages on behalf of two Palestinian minors under 12 years old who were imprisoned in a military base under armed guard for more than a day: Moreover, for most of this time the children were held in a military container, crying and terrified, while soldiers cursed them and threatened that if they did not confess to the offenses of which they were suspected “their hand...
Backyard Proceedings: The Implementation of Due Process Rights in the Military Courts in the Occupied Territories
Report  |  1.1.2008
From the website of Yesh Din
7.6.2007
HaMoked filed suit for damages on behalf of two owners of flocks from the village of Budrus: The suit was filed following the seizure of the plaintiffs’ flocks, which were subsequently taken into Israel, slaughtered, and sold. The defendants – representatives of official authorities – trampled on the law, made a false representation to the court and misled it, and violated the rules of administ...
CC (Jerusalem) 7580/05 - Atrash et al. v. The State of Israel
Complaint  |  7580/05  |  27.7.2005
Civil suit filed by HaMoked for soldiers’ severe maltreatment of two Palestinian brothers who were driving their trucks on Route 60 not far from Hebron. The suit also seeks compensation for another incident in which one of the brothers was forced to get out of his truck and was taken to a nearby base, where soldiers beat him while he was handcuffed and blindfolded. The soldiers also attempted t...
CA (Jerusalem) 1311/00 - Judah v. Avraham et al. Judgment
Judgment / District Court  |  1311/00  |  17.12.2000
CA (Jerusalem) 1311/00 - Judah v. Avraham et al. Appeal
Appeal  |  1311/00  |  5.7.2000
CC 20965/98 - Judah v. Avraham et al. Judgment
Judgment / Magistrate's Court  |  20965/98  |  25.5.2000


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