HaMoked petitioned the High Court of Justice (HCJ) on Thursday, 8 January 2009, on behalf of 15 Palestinians arrested in Gaza during the fighting. The military refused to provide information about these individuals’ arrest and place of detention. HaMoked also demanded information about dozens of other Palestinians, however, the army was unwilling toprovide any details about these individuals, nor would it verify that they were being held.
HaMoked appealed to the HCJ for an urgent hearing on the matter, as it is the basic right of a prisoner that his arrest and place of detention be known. The realization of this basic right is necessary for the fulfillment of additional rights, such as right to counsel and to intervention concerning incarceration conditions. The right of a detainee's family to know of the arrest is also contingent on this information.
HaMoked would like to note that in the case of previous, similar petitions regarding the Israeli military's arrest of Palestinian residents of the Occupied Territories, the Court ordered a timeframe of no more than 24 hours for the army's response. However, the Court's decision of 9.1.2009 orders the army to respond to the petition by 11 January 2009.
HaMoked petitioned the High Court of Justice (HCJ) on Thursday, 8 January 2009, on behalf of 15 Palestinians arrested in Gaza during the fighting. The military refused to provide information about these individuals’ arrest and place of detention. HaMoked also demanded information about dozens of other Palestinians, however, the army was unwilling toprovide any details about these individuals, nor would it verify that they were being held.
HaMoked appealed to the HCJ for an urgent hearing on the matter, as it is the basic right of a prisoner that his arrest and place of detention be known. The realization of this basic right is necessary for the fulfillment of additional rights, such as right to counsel and to intervention concerning incarceration conditions. The right of a detainee's family to know of the arrest is also contingent on this information.
HaMoked would like to note that in the case of previous, similar petitions regarding the Israeli military's arrest of Palestinian residents of the Occupied Territories, the Court ordered a timeframe of no more than 24 hours for the army's response. However, the Court's decision of 9.1.2009 orders the army to respond to the petition by 11 January 2009.
