HCJ 8696/02, 10327/02 - Shahin et al. v. IDF Commander in the West Bank Response on behalf of the Respondent
Court Documents | Response to Petition | 09.06.2003
HCJ 8696/02, 10327/02 - Shahin et al. v. IDF Commander in the West Bank Response on behalf of the Respondent
The respondent contends that, because details on the detention of the petitioners in the two petitions have already been provided to their relatives, the Orders Nisi issued by the Court are now moot, and that the petitions should be dismissed. The petitioners were held in Facility 1391 for a short time and then transferred to other facilities. Under such circumstances, hearing on the petitions would be general, without concrete facts to justify the hearing. Substantively, the respondent argues that the location of the facility is kept secret because it is used by security officials for various secret purposes. The facility is usually used only for special cases and for detainees who do not come from the territories. During Operation Defensive Shield, the facility was temporarily used also to hold residents from the territories, but that it has since returned to its original purpose. Unlike previously, the respondent admits that detainees are currently being held there, but only a very few. The respondent also emphasizes that keeping the location a secret does not detract at all from the rights of the detainees and their families.
The respondent contends that, because details on the detention of the petitioners in the two petitions have already been provided to their relatives, the Orders Nisi issued by the Court are now moot, and that the petitions should be dismissed. The petitioners were held in Facility 1391 for a short time and then transferred to other facilities. Under such circumstances, hearing on the petitions would be general, without concrete facts to justify the hearing. Substantively, the respondent argues that the location of the facility is kept secret because it is used by security officials for various secret purposes. The facility is usually used only for special cases and for detainees who do not come from the territories. During Operation Defensive Shield, the facility was temporarily used also to hold residents from the territories, but that it has since returned to its original purpose. Unlike previously, the respondent admits that detainees are currently being held there, but only a very few. The respondent also emphasizes that keeping the location a secret does not detract at all from the rights of the detainees and their families.
