Case Number
HCJ 5591/02
Date Decided
12-18-2002
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: In the context of IDF operations against the terrorist infrastructure in areas of the Palestinian Authority (“Operation Defensive Wall”), thousands of suspects were detained. Due to overcrowding, some of these petitioners were transferred to the Kziot detention facility in the Negev region. Most of the detainees were detained pursuant to administrative detention orders. This petition concerns the detention conditions of these detainees.
Held: The Supreme Court held that the presumption of innocence should be applied to the detainees, as they are being held under administrative detention orders, and have neither been tried nor convicted. The Court further held that the army must ensure that the detainees be treated humanely, and in recognition of their essential human dignity. In determining whether the detainees were being treated humanely, the Court had recourse to domestic Israeli law as well as international law. Concerning the petition at hand, the Court held that, due to inadequate preparation on the part of the army, the initial conditions of detention did not meet minimum standards. In the intervening time, however, the army had improved conditions to the point where they did meet Israeli and international standards.
Keywords
Administrative Law -- Discretion, Constitutional Law -- Basic Law: Human Dignity and Liberty, International Law -- Detention of prisoners, International Law -- Occupied territories
Recommended Citation
Barak, Aharon; Beinisch, Dorit; and Englard, Izhak, "Yassin v. Ben-David" (2002). Translated Opinions. 402.
https://larc.cardozo.yu.edu/iscp-opinions/402
