The HCJ ordered the State to bear the petitioners' expenses in the sum of 3500 NIS, in a habeas corpus petition filed by HaMoked: although the State provided HaMoked with information regarding the detainee’s whereabouts a day after the petition was filed, the Court accepted the petitioners' claim that the petition was justified and that following its submission, the detainee’s family was provided with information about him

On 24 April 2008, HaMoked submitted a habeas corpus petition regarding a Palestinian whose parents requested help in finding him, after he had not returned home. Following this request, HaMoked contacted the Israeli Prison Service and the police, who both stated that the petitioner does not appear in their records. Even after the son called his parents – several days later – to let them know he had been arrested, the authorities repeated their original position that he was not in their records.  

In the petition, HaMoked clarified the obligation incumbent on the authorities to give notice regarding a person's arrest and place of detention, as such notice is the basic right of a detainee and his family. HaMoked added that a State authority which makes people disappear and keeps the arrests it makes secret is exercising cruelty and violating the human dignity of the detainee and his family. Additionally, HaMoked demanded that the Court compel the respondents to accurately register and update the details regarding time of arrest, place of arrest and current holding facility of detainees from the Occupied Territories.  

A day after the petition was submitted, the respondents notified the Court that they were holding the petitioner and that he was being interrogated at the Kishon prison. The respondents also stated that they were working towards meeting the demands relevant to registration and updating of information regarding detainees from the Occupied Territories. Subsequently, the Court decided to delete the petition.  

On 21 January 2009 the Court addressed the issue of expenses, and ruled that the petition was filed only after the petitioners had exhausted all other alternatives at their disposal, and after the respondents wrongly stated, several times, that the petitioner did not appear in their records. Therefore, the Court ruled that the petition was justified and necessary in order to receive information about the detainee, and charged the State with the petitioners' expenses in the sum of 3500 NIS. 

To view the decision dated 21 January 2009 (Hebrew) 

To view the respondents' response to the petition dated 25 April 2008 (Hebrew) 

To view the petition dated 24 April 2008 (Hebrew)