23.04.2009|Court Documents|Petition to HCJ
HCJ 2786/09 - Salem et al. v. Military Commander for the West Bank Petition for Writ of Habeas Corpus
Request for the immediate release of a Palestinian who was unlawfully detained in the West Bank, where he has lived in the past 14 years, due to an intent to forcibly transfer him to Gaza based on his registered address as it appears in the population registry. The State’s response indicates that the detainee is ostensibly held under the Order regarding Prevention of Infiltration 5769-1969, but his arrest is unlawful as, being a resident of the Occupied Territories, as the said Order states, he cannot be considered to have infiltrated the West Bank. According to the Order’s definitions, an infiltrator is a person who enters the West Bank from one of the neighboring Arab countries.
