Case Number

HCJ 5319/97, HCJ 5706/97, HCJ 5707/97, HCJ 5319/97

Date Decided

11-24-1997

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: Petitioners, prisoners in a military prison, participated in a prison uprising allegedly motivated by deficient prison conditions. The military authorities negotiated with the inmates, who demanded improvements in prison conditions and a commitment from the authorities not to prosecute them. The military authorities agreed to this last condition. Despite this agreement, however, the inmates were prosecuted. Petitioners here contest this latter decision.

Held: The Court noted that precedents allow for the government to repudiate an agreement if such a step is dictated by the public interest. Such a decision must take all the relevant interests into account, including the fundamental principles of contracting, as well as the responsibilities and obligations of the government. The Court weighed the various interests, including the interest in maintaining the credibility of the government, the expectation and reliance interests of the petitioners, and the interest in prosecuting criminal offenses. The Court held, after weighing these interests, that the decision of the authorities to repudiate the agreement was reasonable, and that there was no room for intervention by the Court.

Keywords

Constitutional Law -- Prisoners’ Rights, Criminal Law -- Criminal Procedure, Criminal Law -- Criminal responsibility, Criminal Law -- Sentencing

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