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Administrative detainee petitions to attend sister's wedding


Carmeli family; Photo courtesy of the photographer

Wednesday, December 7, 2022, 17:17 Elhai Carmeli, a Shomron resident under administrative detention by order of the outgoing Defense Minister Benny Gantz, has petitioned the High Court of Justice to allow him to attend his sister's wedding in approximately one week.


Honenu Attorneys Adi Keidar and Moshe Poleski filed the petition on behalf of Carmeli and wrote, "The administrative order violates the basic rights of the petitioner in a manner which significantly departs from the detention laws usually customary in a democratic country. It should be said that it is for good reason that a court of law is required to authorize [an administrative] order. Holding the [the petitioner] in remand during his sister's wedding would be a violation [of his rights] that is not appropriate and is not commensurate with the purpose of the order. This violation [of his rights] is more than what is required with regard to the claimed need to ensure that [the petitioner] does not pose a danger.


"This is a request for leave for a specific purpose to a location within the sovereign area of the State of Israel. The petitioner expressed willingness to be accompanied the entire time by a chaperone, post bail, and sign the appropriate guarantees."


The attorneys closed the petition with a request not to cause the family sadness at their celebration: "The importance of the event goes without saying, as does the distress caused to the petitioner and his family due to his inability to attend the wedding. Therefore, we ask you to order the respondent [DM Gantz] to urgently reply to the petition and to accede to the request."


Honenu Attorney Moshe Poleski stated, "We expect the court to exhibit an understanding of the unique situation and to allow Elhai Carmeli to attend the wedding. Aside from this matter, we strongly criticize Defense Minister Gantz for issuing the order. Not allowing Carmeli to attend the wedding would be adding insult to injury. The request to attend the wedding accompanied by a chaperone is justified like no other and is at its essence a compassionate and humanitarian request. Refusal of the request is nothing other than persecution and harassment.


Carmeli, a married father of a baby, was detained approximately one month ago by police who requested an extension of his remand. The Jerusalem Magistrates Court rejected the request. One minute after the decision, outgoing Defense Minister Benny Gantz signed a four-month administrative order against Carmeli, who is being held in the Russian Compound under harsh conditions.


Last week, Avraham Yered was given an administrative detention order. After he was detained the police requested a lengthy remand extension. However, the court extended his remand by only two days and intimated that he would be released soon. DM Gantz decided to bypass the court and served Yered with an administrative detention order. On Saturday night (after Shabbat), dozens of Carmeli and Avraham Yered's friends protested opposite the Russian Compound in Jerusalem where Carmeli is being held.

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