Case Number

HCJ 4169/10

Date Decided

6-2-2010

Decision Type

Original

Document Type

Full Opinion

Abstract

Petitions seeking remedies concerning the release of foreign arrestees who took part in a flotilla from Turkey to the Gaza Strip were rejected. Following the notice of the Attorney General regarding the release of the foreign arrestees, part of these petitions have become unnecessary, whereas regarding the petitions challenging the decision of the Attorney General, it a decision within the discretion of the Attorney General and there is no reason for intervention. The High Court of Justice (in an opinion written by Justice D. Beinisch) rejected the Petitions for the following reasons:

Following the decision of the Attorney General, the primary remedies sought as part of these petitions have become unnecessary.

As for the Petitions against the Attorney General’s decision to release the foreign arrestees, it is a decision within the range of the Attorney General’s discretion. This Court held in a long line of decisions that the extent of intervention into the discretion of the Attorney General in regards to an investigation or an indictment is limited only to exceptional and unusual cases. Because of the unique nature of the event and the circumstances around it, which – in addition to the criminal aspects – bears political aspects that concern the country’s foreign affairs as well, the Attorney General was permitted to consider such aspects. The developments that occurred in the international arena regarding this affair point to special political sensitivity as to law enforcements treatment of the participants of the flotilla. The Attorney General noted that he consulted all the government bodies relevant to these political aspects and that after considering the fact that nine of the participants were killed and several dozens were injured, he concluded that the political, security and public interests outweigh the interests of criminal law enforcement. The Court found neither in this decision, which was given the above reasons, nor in the considerations that justified it, a reason for intervention.

Keywords

Administrative Law -- Competent authority, Administrative Law -- Discretion, Criminal Law -- Criminal Procedure, International Law -- Occupied territories, International Law -- Laws of war, International Law -- Customary humanitarian law, International Law -- International Humanitarian Law

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