Case Number
HCJ 7146/12
Date Decided
9-16-2013
Decision Type
Original
Document Type
Summary
Abstract
In a judgment given on 16 September 2013, an extended panel of nine Justices of the Supreme Court of Israel decided the question of the constitutionality of the arrangement enacted by the Knesset in 2012, in amendment no. 3 of the Prevention of Infiltration Law (Offenses and Adjudication), 5714-1954, which allows holding infiltrators in custody for a period of three years.
All nine Justices of the panel held, unanimously, that the arrangement is unconstitutional because it disproportionately limits the constitutional right to liberty determined in Basic Law: Human Dignity and Liberty.
Regarding the scope of constitutional relief the court held, by a majority of President A. Grunis, Deputy President M. Naor and Justices E. Arbel, S. Joubran, E. Hayut, Y. Danziger, U Vogelman and I. Amit, that all the arrangements determined in the various provisions of section 30a of the Prevention of Infiltration Law must be annulled. Justice N. Hendel dissented, holding that only the provisions of section 30a(c) of the Prevention of Infiltration Law should be annulled. The Court further held that at the time of the annulment of the law, the provisions of the Entry into Israel Law, 5712-1952 will enter effect, such that the custody and deportation orders issued will be seen as if they were given pursuant to it. It was additionally held that the process of individual examination and release of all being held in custody must commence immediately. The process of examination of all those in custody was limited to a period of 90 days from the day of the judgment.
Keywords
Constitutional Law -- Basic Law: Administration of Justice, Constitutional Law -- Prisoners’ Rights
Recommended Citation
Arbel, Edna; Grunis, Asher; Naor, Miriam; Joubran, Salim; Hayut, Esther; Danziger, Yoram; Vogelman, Uzi; and Amit, Isaac, "Adam v. Knesset (summary)" (2013). Translated Opinions. 30.
https://larc.cardozo.yu.edu/iscp-opinions/30
