In a precedent-setting decision: Haifa District Court rejects 3-month administrative detention order against Palestinian citizen of Israel, approves only two weeks
Today, 20 April 2022, the Haifa District Court heard a request by the Israeli State Attorney’s office for a three-month administrative detention order of Mr. Sadeen Jabareen, a 29 year-old teacher, a Palestinian citizen of Israel, resident of Umm al-Fahem. Mr. Jabareen was arrested by the Shin Bet (General Security Service or "Shabak") on 3 April 2022, and has been under investigation and detained for the last 16 days.
Administrative detention – being held on the basis of secret information, without charge or trial - is frequently used to detain Palestinian residents of the Occupied Palestinian Territory (OPT); today about 500 Palestinians are being held in administrative detention, including minors. More recently the state has used this draconian measure to detain Palestinian citizens of Israel.
CLICK HERE to read the minutes of the hearing and the decision [Hebrew]
In its request, the State Attorney’s office claimed that confidential information was submitted to the Court, allegedly indicating that Mr. Jabareen supports a terrorist organization and has access to weapons. In addition, the state alleged that Mr. Jabareen, "is known as someone who encourages others to carry out terrorist activities as well as activities in the Al-Aqsa Mosque in Jerusalem."
The legal defense team representing Mr. Jabareen is headed by Adalah’s General Director Dr. Hassan Jabareen and includes Adalah Attorney Adi Mansour and private Attorney Ahmed Khalifa. They argued that the evidence presented shows only that Mr. Jabareen attempted to organize buses for worshipers to Al Aqsa for the purposes of prayer, a legitimate and legal activity. This act is an exercise of religious freedom, a constitutional right. The team further argued that as this case is about the expression of political rights and religious freedom rather than any illegal activity. Thus, there is no legitimate justification to approve the administrative detention order.
Following the hearing, the Court decided to approve the administrative detention order only for two weeks, the remaining period days of Ramadan, and rejected the State Attorney’s office’s request for a three-month detention order. The Court held that there was no justification for approving the order for a longer period and that while it did not find it necessary to disclose secret evidence, it believes that criminal law, rather than administrative law, is the appropriate route to address offenses of this nature. The Court further ruled that while it approved a two-week detention order, it recommends that the State Attorney’s office consider shortening the period of detention and examine other proportionate alternatives.
Adalah and Attorney Khalifa responded:
"We do not see any justification for detention in this case or in the use of administrative detention, an exceptional and extreme tool, which, here undermines legitimate, legal, religious activity. However, the Court’s refusal to approve a three-month administrative detention order is a precedent-setting ruling. It is a legal achievement in the field, especially as the Court ruled that administrative detention shall be used in exceptional circumstances rather than routinely, and it advised the State Attorney’s office to consider alternatives."
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