HCJ 5784/03 - Salama v. IDF Commander in Judea and Samaria et al.
Judgment
Judgment | Judgment / Supreme Court | 11.08.2003
HCJ 5784/03 - Salama v. IDF Commander in Judea and Samaria et al.
Judgment
The HCJ denied several petitions against extending the administrative detention of West Bank Palestinians. The HCJ held that the absence of interrogation of the detainees that may have implications in criminal proceedings does not necessarily prohibit continuation of the administrative detention. The HCJ also held that, in requesting extension of the detention order, the security forces must indeed take into account new evidence that can be obtained by reasonable means, but the failure to obtain the evidence in and of itself does not prohibit extension of the detention. In the present case, the Respondents provided new evidence regarding the petitioners that justifies, in the Court’s opinion, granting the request to extend the administrative detention.
The HCJ denied several petitions against extending the administrative detention of West Bank Palestinians. The HCJ held that the absence of interrogation of the detainees that may have implications in criminal proceedings does not necessarily prohibit continuation of the administrative detention. The HCJ also held that, in requesting extension of the detention order, the security forces must indeed take into account new evidence that can be obtained by reasonable means, but the failure to obtain the evidence in and of itself does not prohibit extension of the detention. In the present case, the Respondents provided new evidence regarding the petitioners that justifies, in the Court’s opinion, granting the request to extend the administrative detention.
