On 9 April 2006, HaMoked petitioned the High Court of Justice to order the petitioner's return to the Occupied Territories. From the petition:
On the night of 7 June 1970, the Petitioner and eight other detainees were taken from their prison cells to a cell at the entrance to the prison. The Petitioner's civilian clothes were returned to him, as was his watch, which had been deposited with the authorities. Each detainee was given one Jordanian dinar, and they were put onto vehicles that took them to the Arava [the area from the northern Dead Sea to the Gulf of Eilat]. Before leaving, a person in civilian dress went from detainee to detainee and had them sign a document, most of which was in Hebrew; the Petitioner could only understand the words "cancellation of administrative detention," which were written in Arabic in the title of the document.
After driving for a few hours, during which the Petitioner was blindfolded, the Petitioner and the other deportees reached the Arava. The detainees were given a carton containing sandwiches, bread, tomatoes and cucumbers and sent to the other side of the Jordan River. "Go to Hussein," they were told, and were warned that if they stopped on the way, they would be shot.
By foot, with nothing other than the few provisions he was carrying, the Petitioner walked, his homeland remaining behind him, a forbidden destination.
The Petitioner was not given an opportunity to argue his case, and an advisory committee did not consider his matter, nor was he told of his right to appeal the decision. Nor was he given a copy of the deportation order. From another case that had been handled by HaMoked: Center for the Defence of the Individual, it was learned that, at that time, group deportation orders had been signed, each one of them with a list of names. The order was based on Section 112(1) of the Defense (Emergency) Regulations, 1945, and the reason stated was that the deportation "was necessary and helpful in ensuring the public good, the protection of Judea and Samaria, and public order," without setting forth any specific reason relating to any of the deportees.
The petitioners argued that, according to current decisions of the Supreme Court, the most extreme measures available to the military commander are assigned residence and administrative detention. Under existing law, the military commander does not have the power to deport a person or continue a person’s deportation. The petitioners further argued that, even if the military commander has the authority to continue the petitioner’s deportation, the period of the deportation is unreasonable. The army previously approved the petitioner’s entry into the area despite the deportation order. While in the area, the Israeli authorities did not detain him or take any security measures against him, nor did they contend that he committed any act that breaches the security of the area. That being the case, the petitioners argued, the petitioner does not constitute the same serious danger that the Court previously described as justifying deportation in exceptional cases.
Following the filing of the petition, the military commander announced on 22 June that he decided to allow the petitioner to return to the Occupied Territories. The petitioner ultimately returned to the West Bank in September 2006.
For the petition (in Hebrew), click here.
For the announcement on behalf of the military commander, of 22 June 2006 (in Hebrew), click here.