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HCJ 2690/09 - Yesh Din et al. v. Commander of the IDF Forces in the West Bank et al. Petition for Order Nisi
Court Documents | 2690/09 | 25.3.2009
Petition by HaMoked, Yesh Din and ACRI against the holding of detainees and prisoners from the Occupied Territories within Israeli territory and the practice of extending detention orders in Israeli territory. The petitioners claim that the current policy is a blatant violation of the Fourth Geneva Convention, which prohibits an occupied power from transferring and holding prisoners and detainees outside of the occupied territory, and of basic human rights that are also anchored in Israeli law, such as prisoners’ right to proper counsel and due process, as well as their right to contact with their families. The petitioners clarify that over the years, changes have occurred, both in the legal and practical terms, which obligate the State to change its policy and ensure that prisoners and legal proceedings are held in the occupied territory.
HaMoked and other human rights organizations petition the HCJ against the continued holding of Palestinian detainees and prisoners from the Occupied Territories in facilities inside Israel, and the policy of holding arrest extension proceedings in military courts which operate outside the Territories: HaMoked's data indicates that 7,119 prisoners and detainees from the Territories are currently...
Dismissal of joint petition by HaMoked and additional organizations against incarceration of Palestinians in facilities within Israeli territory: The court found no grounds to change the rules it established more than two decades ago, under entirely different conditions (02) 627 1698   (02) 627 6317

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