Case Number

CrimFH 7048/97

Date Decided

4-12-2000

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: The petitioners were citizens of Lebanon, who were brought to Israel between the years 1986-1987 by the security forces, and put on trial for their membership in hostile organizations and for their involvement in attacks against IDF and LDF. The petitioners had been convicted and sentenced to various sentences of imprisonment, which they served. Subsequently, the petitioners were held in administrative detention under section 2 of the Emergency Powers (Detentions) Law 5739-1979. This administrative detention was extended from time to time, for additional six month periods, in accordance with the same section. The question before the court was whether a person can be held in administrative detention – when that person himself does not pose a danger to national security –for that person to serve as a “bargaining chip” in the negotiation to release prisoners or missing persons from among the Israeli security forces?

Held: As per the judgment of President Barak, whose view was shared by Vice-President Levin, and Justices Or, Mazza, Zamir and Dorner, and against the opposing opinions of Justices M. Cheshin, Y. Kedmi, and J. Türkel, the Court held that according to the Emergency Powers (Detentions) Law 5739-1979 there is no authority to detain a person from whom no danger is posed to national security, and therefore it concluded that the respondent does not have the authority to detain the petitioners by authority of the Emergency Powers (Detentions) Law 5739-1979. Therefore, the court ordered the release of the prisoners.

Keywords

Administrative Law -- Foreigners, International Law -- Detention of prisoners, International Law -- International Humanitarian Law, International Law -- Laws of war

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