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Bat Ayin detainees: Adult remains in remand, minor released to house arrest

Sunday, May 3, 2015, 8:03 On the afternoon of Friday, May 1, Supreme Court Justice Dafna Barak-Erez accepted an appeal filed by the State of Israel on an April 28 decision by the Jerusalem District Court to unconditionally release from remand two Bat Ayin residents. This is despite a request by the Attorney General’s office to extend their remand until the end of proceedings. The two detainees and an additional minor are accused of participating in three “Price Tag” incidents in which Arabs were injured. The incidents occurred approximately two years previously. The Jerusalem District Court ruled that in light of the time which has passed since the incidents occurred the youths do not pose a danger. Justice Barak-Erez overturned the decision and ruled that the adult will remain in remand until an expert opinion is received from the adult probation service on his case. The minor will be released to house arrest outside of the Yehuda and Shomron regions and will be under close surveillance. “This is an extreme decision which is not in line with either the existing ruling [in similar cases] or the basic rights of an individual,” stated Honenu attorney Chai Haber, who is representing the adult. “We are examining the decision and will definitely consider bringing the matter to an expanded panel of the Supreme Court for re-examination.” Honenu strongly criticized the fact that Judge Barak-Erez’s decision was given more than 24 hours after the deliberation, despite the closeness to the onset of Shabbat. Only after much effort by Honenu’s staff, attorneys and other members, was the youth actually released to house arrest, after all of the necessary authorizations were received. “The Supreme Court’s decision was received very close to the onset of Shabbat, and only after intense efforts did the minor leave his place of imprisonment before Shabbat,” said Honenu attorney Aharon Roza, who is representing the minor. “Having examined the court’s decision I welcome the decision to release him, as the law and the existing ruling require, and as should have been ruled a long time ago. The attempt by the State to turn every investigation in Yehuda and Shomron into an incident which justifies a prolonged remand has failed, and that is good.”

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