On 29 October 2007, HaMoked filed a petition at the High Court of Justice (HCJ) describing the inhuman conditions in temporary incarceration facilities for which the military is responsible. The petition also notes the that detainees are held in these locations for extended periods. HaMoked emphasizes that the behavior of the military is in gross contradiction to the recommendations of a committee it appointed itself, which established that the proper needs of security detainees should be met and their dignity maintained. On 13 November 2007, HaMoked submitted an updated notification to the HCJ providing additional details of detainees incarcerated by the military. HaMoked demanded that the military cease violating the rights of these detainees.
On 27 November 2007, the state filed its response to the petition admitting that detainees are held for longer periods than permitted. The state confirmed HaMoked’s claims and noted that the detention facilities are indeed overcrowded, claiming that the reason for this is the large number of detentions that are executed in the West Bank. The state’s response attempted to refute the factual claims presented by HaMoked regarding the harsh conditions in the detention facilities. On the same day a representative of HaMoked visited Etsyon detention facility in order to confirm that all the claims raised by HaMoked were correct.
At the hearing on 29 November 2007 the HCJ criticized the state’s response to the petition, which it characterized as incomplete and inadequate. The court added that detainees cannot be held in conditions such as those described by HaMoked; if the state wishes to incarcerate detainees, it must do so in a manner that ensures the realization of their rights. Throughout the entire hearing the state did not claim that there was any factual disagreement regarding the conditions in the detention facilities. The court determined that the state must submit its detailed response to the issues raised in the petition; it asked HaMoked to monitor the situation in the temporary detention facilities and to update the court as necessary.