Unauthorized administrative order served to Jewish youth


Honenu Attorney Avichai Hajbi; Photo credit: Honenu

Tuesday, April 26, 2022, 8:13 On Monday, April 25, the appeals committee of the Shomron Military Court decided that an administrative order prohibiting a Jewish youth from entering the entire regions of Yehuda and Shomron is unauthorized. The order was issued approximately two months ago to the youth and is based on a claim that he is a resident of Jerusalem. Honenu Attorney Avichai Hajbi, who is representing the youth, proved that the youth lives in the Shomron region, and therefore only a distancing order, not an administrative order prohibiting his entrance to the region, can be imposed on him.

Hajbi stated that the youth himself declared that he lives in the Shomron and that in the resident registration he is listed as a resident of Yitzhar, a community in the Shomron region. Moreover, the security authorities related to him as such: He is described as a resident of a hilltop in the Shomron region in the case summary presented to him.

In her decision, Shomron Military Court Judge Lieutenant-Colonel Kaufman wrote, "Therefore, on the face of it, it is impossible to serve the appellant (the youth) with [an administrative order prohibiting his entrance to Yehuda and Shomron], being as he is not a resident of Israel (he is an Israeli citizen, of course), not according to the resident registration and not according to reality as it is recognized by the authorities." (For certain legal purposes, the regions of Yehuda and Shomron are not considered part of the State of Israel.) In conclusion, Judge Lieut.-Col. Kaufman gave the IDF Commander of the Yehuda and Shomron regions one day to respond to the matter.

Honenu Attorney Avichai Hajbi, who is representing the youth: "The GOC of the Central Command and the GSS are harassing a youth who only wants to live his life quietly. As far as they are concerned, every legal trick justifies the goal, even if along the way they violate the rights of a youth. The Shomron Military Court made it clear to them that they must explain their conduct."

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