The state requests that the HCJ reject HaMoked's petitions concerning the military's expulsion of two East Jerusalem residents from their city: a day earlier, one of the petitioners was arrested by the police inside the Jerusalem area המוקד להגנת הפרט
11.03.2015
The state requests that the HCJ reject HaMoked's petitions concerning the military's expulsion of two East Jerusalem residents from their city: a day earlier, one of the petitioners was arrested by the police inside the Jerusalem area
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On January 29, 2015, HaMoked filed two petitions to the High Court of Justice (HCJ) to instruct the military to revoke the removal orders recently issued against two East Jerusalem residents which ban their presence inside the municipal boundaries of Jerusalem, their city, for a period of six months. HaMoked argued that the Defense (Emergency) Regulations, pursuant to which the military had issued the removal orders, were not valid and that their use in this case also violated Basic Law: Human Dignity and Liberty. HaMoked further argued that the duration of the “removal” and its scope – banning their presence anywhere inside city limits – were unreasonable and disproportionate.

In its responses to the petitions, submitted March 10, 2015, the state argued there was no room for the HCJ's intervention in the military's banning decision, and so the petitions should be dismissed. The state opposed HaMoked's claim that the Regulations were no longer valid, and held that in issuing the removal orders, the military's use of the Regulations had been reasonable and proportionate. The state requested the dismissal out of hand of one of the two petitions on the grounds that the petitioner had been apprehended on the previous day, March 9, 2015, inside the Jerusalem area, in violation of the removal order. The state added that the petitioner had been arrested and, concurrently with the state's submittal, was being brought before the Jerusalem Magistrates Court for a remand hearing.
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