Honenu Attorney Menashe Yado; Photo credit: Honenu
Sunday, September 12, 2021, 15:35 Jerusalem Magistrates Court Judge Aharon Orenstein ordered the police and the Prison Service to pay three youths 37,500 NIS in compensation for violations of their rights. The three youths were detained approximately two years ago on suspicion of violating administrative orders. The youths were taken from their homes at dawn, brought to the Mishor Adumim Police Station, and then to the Jerusalem Magistrates Court. They were conditionally released from court during the day.
In his decision, Judge Orenstein wrote that the one youth was led from his home to the closest police station on a public street while he was handcuffed, which is illegal. One of the other youths was also illegally led handcuffed in public, through two streets, from his home to the police car. Judge Orenstein awarded them compensation for the violation of their rights.
Later, all three youths were held handcuffed for hours at the Mishor Adumim Police Station as they waited to be interrogated. When they were brought to court they were also handcuffed, contrary to regulations. Judge Orenstein noted that because they were being brought to court in order to be conditionally released, there was little concern that they would attempt to escape, and awarded compensation to all three youths.
Additionally, the police did not provide the youths with food, even though they had been taken from their homes at dawn. Judge Orenstein wrote in his decision that “the claimants were awoken from their sleep at an early hour and taken into remand without having had breakfast. The resulting situation was that from the previous day until the following afternoon they had nothing to eat.”
Judge Orenstein brought the testimony of a witness from the police “according to which ‘there is no such thing’ as breakfast at the police,” and expressed concern about police conduct which causes the violation of rights of many prisoners: “This is a widespread failure, given that many detentions are carried out in the early morning hours.”
In his decision, Judge Orenstein wrote, “I am of the opinion, with all due respect, that where the defendant (the police) violated their regulations across the board and systematically, causing suffering to the claimants, the claimants must be compensated.” Judge Orenstein also ruled that the three youths must be compensated for an illegal strip search down to their boxer shorts conducted on them by the Prison Service.
Honenu Attorney Menashe Yado, who is representing the three youths, welcomed the decision: “The court gave complete validity to the rights of the detainees which are set in law and in regulations, which were unfortunately violated crudely and out of indifference. In this instance, the court awarded appropriate compensation, and we are convinced that it will have an appropriate effect.”