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Minor unjustifiably detained twice

Updated: Jan 24


Honenu Attorney Avichai Hajbi; Photo credit: Honenu

Tuesday, October 8, 2018, 8:27 At the first groundless detention, in light of new intelligence information received by the police, a minor was detained on suspicion of involvement with an incident approximately six weeks after it occurred. Jerusalem Juvenile Court Judge Havi Toker ruled that due to the lengthy time that had passed from the moment that the minor had supposedly committed the misdemeanor until the detention warrant and the detention, he should be released on bail and restrictive conditions. The police filed an appeal and attempted to alter the reason for the delay in issuing the detention warrant, and also explained the importance of the intelligence information transferred to them, which gave rise to the need to detain the minor. However Honenu Attorney Avichai Hajbi, who is representing the minor, pleaded that, “Intelligence information is not a magic word,” and added that the police had already investigated three other suspects in light of the intelligence information and released them, “Which shines a dim light on the intelligence information.” Hajbi also addressed the claim by the police that the minor posed a danger, noting that several days had passed between their receiving the intelligence information and issuing the detention warrant and actually detaining the minor. This was in addition to the six weeks that had passed between the minor’s supposed misdemeanor and the receipt of the above-mentioned intelligence information by the police. Hajbi stated that the lengthy delay, which “leaves a bad taste,” indicates that the minor is not dangerous. Jerusalem Juvenile District Court Judge Haya Zandberg, who judged the appeal, decided to reject the appeal filed by the police, and released the minor on bail. As he left the courthouse the minor received an administrative order obligating him to stay under house arrest at night at his parents’ home in Jerusalem and to report daily to the police station and also forbidding him to speak to several people. Two days after the administrative order was served, policemen came to the minor’s home in order to confirm adherence to the order. When the police arrived the minor told them that he did not intend to follow the order and that he was fed up with administrative orders. The police subsequently detained him, in a second unjustifiable detention. At the deliberation which was held at the Jerusalem Magistrates Court the minor’s attorney pleaded that the minor’s statement did not constitute reasonable cause that he would commit a misdemeanor and that, “In the end they [the policemen] arrived when he was at home.” Judge Toker decided to release the minor again, this time unconditionally being as, “Even according to the petitioner the respondent did not violate the order with his statement,” and said that the statement by the minor does not constitute grounds for detention. Honenu Attorney Avichai Hajbi, who is representing the minor, stated that, “This is scandalous conduct. The Israeli Police detained my client, a 16-year old minor without a criminal record, for no reason and with no cause, twice. In the coming days we will act to realize his rights to the fullest by filing a civil suit that will clarify to the Israeli Police that they are not above the law.”

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