18.12.2002|Judgment|Judgment / Supreme Court
HCJ 3278/02 - HaMoked et al. v. IDF Commander in the West Bank Judgment
The judgment addresses holding conditions in the temporary holding facilities and at the Ofer facility during "Operation Defensive Shield." The HCJ ruled that at the time, the provisions of international law pertaining to holding conditions in these facilities were violated, as were basic principles in Israeli law, Israeli administrative law and the law applicable to the Territories. It was ruled that the need to prepare for a large number of detainees over a short period of time could not justify these violations. The operation had been planned and necessitated preparations in this area as well. Additionally, these violations had no security justification. However, the HCJ rejected the petition having determined that conditions at Ofer had improved after a while, although some aspects still required improvement.
