In response to the petition filed by HaMoked: Center for the Defence of the Individual, concerning the tracing of detainees from Gaza: The army announced it will provide the names of those detained to the Prison Control Center, within 48 hours of their entry into Israeli territory המוקד להגנת הפרט عر HE wheel chair icon
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12.01.2009
In response to the petition filed by HaMoked: Center for the Defence of the Individual, concerning the tracing of detainees from Gaza: The army announced it will provide the names of those detained to the Prison Control Center, within 48 hours of their entry into Israeli territory
In response to the petition filed by HaMoked: Center for the Defence of the Individual, concerning the tracing of detainees from Gaza: The army announced it will provide the names of those detained to the Prison Control Center, within 48 hours of their entry into Israeli territory

On Thursday, 8.1.2009, HaMoked filed a petition to the High Court of Justice (HCJ) on behalf of 15 Palestinians arrested during the fighting in the Gaza Strip - the army refused to give details of their arrest or place of detainment. HaMoked also demanded information regarding dozens of additional Palestinians, about whom the army was unwilling to give further details, or even to confirm whether or not they had in fact been arrested.

In response to the petition, the army forwarded information on 9 of the petitioners – 8 were held for a time in Sdeh Tayman Detention Center in Israel, but were released back into the Gaza Strip, and one was transferred to Ketziot Prison and is being held as an Unlawful Combatant. The army had no information on the remaining 6 petitioners. The response further clarified that as long as the fighting in Gaza continues, more Palestinians will most likely be arrested. The army also promised to provide the names of detainees to the Prison Control Center within 48 hours of their entry to Israel.

HaMoked cannot accept the army's proposal. According to Israeli law, which was confirmed in multiple HCJ judgments, the authorities must immediately report an arrest. In light of this, HaMoked devised a working mechanism that has been in place for years, through which requests transmitted to the authorities for locating detainees are answered within 24 hours. The arrangement was made official by the Prison Control Center Command, according to which "an answer shall be given within a day (of the request), not including requests received on Friday, for which answers shall be given on Sunday."

HaMoked believes that information concerning the incarceration of Gaza residents should be sent immediately to the Control Center, in order to ensure that the time it takes to respond to requests regarding arrests and the location of the detainee, does not exceed 24 hours from the time of the arrest – regardless of whether the detainees are being held in the Gaza Strip or inside Israel.

To see the response of the petitions from 12.1.2009 (in Hebrew)

To see the response of the State from 11.1.2009 (in Hebrew)

To see the petition from 8.1.2009 (in Hebrew)

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On Thursday, 8.1.2009, HaMoked filed a petition to the High Court of Justice (HCJ) on behalf of 15 Palestinians arrested during the fighting in the Gaza Strip - the army refused to give details of their arrest or place of detainment. HaMoked also demanded information regarding dozens of additional Palestinians, about whom the army was unwilling to give further details, or even to confirm whether or not they had in fact been arrested.

In response to the petition, the army forwarded information on 9 of the petitioners – 8 were held for a time in Sdeh Tayman Detention Center in Israel, but were released back into the Gaza Strip, and one was transferred to Ketziot Prison and is being held as an Unlawful Combatant. The army had no information on the remaining 6 petitioners. The response further clarified that as long as the fighting in Gaza continues, more Palestinians will most likely be arrested. The army also promised to provide the names of detainees to the Prison Control Center within 48 hours of their entry to Israel.

HaMoked cannot accept the army's proposal. According to Israeli law, which was confirmed in multiple HCJ judgments, the authorities must immediately report an arrest. In light of this, HaMoked devised a working mechanism that has been in place for years, through which requests transmitted to the authorities for locating detainees are answered within 24 hours. The arrangement was made official by the Prison Control Center Command, according to which "an answer shall be given within a day (of the request), not including requests received on Friday, for which answers shall be given on Sunday."

HaMoked believes that information concerning the incarceration of Gaza residents should be sent immediately to the Control Center, in order to ensure that the time it takes to respond to requests regarding arrests and the location of the detainee, does not exceed 24 hours from the time of the arrest – regardless of whether the detainees are being held in the Gaza Strip or inside Israel.

To see the response of the petitions from 12.1.2009 (in Hebrew)

To see the response of the State from 11.1.2009 (in Hebrew)

To see the petition from 8.1.2009 (in Hebrew)

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