Case Number

HCJ 2722/92

Date Decided

6-14-1992

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The son of the petitioner was arrested by the police after the murder of fifteen-year-old Helena Rapp. He confessed to the murder, and in his statement to the police he said that he decided to kill the girl because he did not have work.

Following the murder, the respondent decided to exercise his authority under the Defence (Emergency) Regulations, 1945, under which he is authorized to destroy a building inhabited by a person who committed an offence involving violence, and he ordered the destruction of the house where the murderer lived, namely the house of the petitioner.

In the petition, the petitioner challenged the authority of the respondent to make an order to destroy the whole house, since the house was inhabited by himself and other members of his family.

Held: (Majority opinion — Justices G. Bach and D. Levin): The respondent’s decision to destroy the house in this case was not unreasonable, in view of the very serious nature of the crime and the fact that the building was not divided into separate units.

(Minority opinion — Justice M. Cheshin) A show cause order should be issued to ascertain what part of the building was used by the petitioner’s son, and only that part of the building should be destroyed.

Keywords

Constitutional Law -- State of Emergency and National Security, Jewish Law -- Criminal Law

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