The petitioner was born in Kuwait, moved to Jordan with his parents and five siblings and at the age of fourteen, in 1998, moved to the Territories with his father, mother, and sister. After completing high school he began to study veterinary science at An-Najah University in Nablus.
Three years ago he was arrested at a checkpoint in Nablus since he was not carrying an identity card. He was taken to Hawara detention facility, where he was informed that a deportation order had been issued against him. However, he had never even seen this order, let alone received it. One month after his arrest he was transferred to Ofer Prison, later to Megiddo Prison, and from July 2005 he was held at Ohalei Kedar Prison in Beersheva. During his detention the military authorities intended to deport him to Jordan, but the Jordanian authorities refused to accept him.
The military did not even attempt to accuse the petitioner of any security offenses. Indeed, the petitioner has never been arrested or interrogated, and has never been involved in any security-related matter. Accordingly, it would seem that the treatment he received from the military was due to the fact that he lacks status in the Territories. To make matters worse, the petitioner had not seen his family during his entire time in detention – over three years.
The petition argued that the military is responsible for realizing the human rights of the residents of the Territories. It is not entitled to deprive the petitioner of his liberty and hold him in detention for such a protracted period without bringing his case for judicial review; in doing so it has trampled on his dignity. HaMoked further argued that the military is obliged to enable the petitioner a chance to state his case, to inspect the deportation order issued against him, and to suggest ways to minimize the injury to him, such as release on bail. His detention in this manner is contrary to any perception of natural justice and violates substantive provisions of international law that have de facto been accepted by the High Court of Justice.