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Detainee awarded 5,000 NIS for release delay

Wednesday, November 1, 2017, 12:07 In a compromise agreement reached at the Jerusalem Magistrate Court between the Jerusalem District Attorney’s office and the complainant, the Israeli Police and the Prison Service will pay 5,000 NIS in compensation to a detainee whose release was delayed for 24 hours after he signed on bail and additional release conditions. The delay was due to a lack of coordination between the Israeli Police and the Prison Service. See here and here for two recent compensation cases in which Honenu successfully represented complainants. The detention occurred two years ago, when the complainant was a young adult, for violating a GOC’s order. His remand was extended and he was brought before a judge on the day of his expected release. The judge released the complainant on several conditions, including posting bail, complying with the conditions of the GOC’s order, and a guarantee from one of his parents. The complainant agreed to the release conditions and his father signed on the guarantee conditions. At this stage the complainant was allowed to be released, however the directive to release him was delayed for an entire day. He was released after the directive was given. The complainant claimed that the delay, which apparently occurred due to a lack of coordination between the Israeli Police and the Prison Service, was a violation of his basic rights and resulted in his remand being prolonged for an irregular and disproportionate length of time. The damage, according to the complainant, is a violation of his rights to freedom and dignity and caused unnecessary severe suffering and humiliation which he was forced to undergo illegally and for no need, due to the negligence of the authorities. Honenu Attorney Menasheh Yado assisted the complainant. The sides reached a compromise agreement of 5,000 NIS compensation, which will be deposited in the complainant’s bank account within 45 days. The compromise agreement has the legal status of a court verdict. Yado responded, “I am pleased that the Jerusalem District Attorney’s office recognized the culpability of the Israeli Police and the Prison Service, who kept a young man in a detention center for 24 hours after a court ordered his release. Unfortunately an illegal delay of a few hours has become a matter of course. However a delay of 24 hours is an irregularity and disproportionate. Justice must be served.”

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