20.01.2011|Judgment|Judgment / Supreme Court
HCJ 9733/03 – HaMoked: Center for the Defence of the Individual v. State of Israel et al. Judgment
Judgment in HaMoked's petition to order Israel to close down the secret prison, Facility 1391. The petition is dismissed. The justices accept the arrangement Israel has undertaken, substantively limiting use of Facility 1391 for the purpose of holding detainees. The details of the arrangement, mostly kept classified, determine, inter alia, that residents of Israel or the OPT will not be held in the Facility; that persons will be held there for an "extremely limited and short period"; and that incarcerating a person in the Facility requires "high-rank" approval and informing the Attorney General. The state also submitted to the court, ex parte, regulations allegedly intended to assure external monitoring of inmates' rights.
