Where does the Central Command have authority?
Tuesday, September 20, 2016, 18:12 On Sunday, September 18 the police detained a Shomron resident in his 20’s on suspicion of violating an order issued to him by Major General Roni Numa, the GOC of the Central Command. The order created a unique and precedent-making situation because it ordered the youth to stay only in the community of Tzofim and to be under house arrest at his parents’ home there. The youth lives in the area of Beit Shemesh and received the order in Jerusalem. Honenu Attorney Menasheh Yado sent a letter to the headquarters of the GOC in which he explained that according to the law the GOC of the Central Command does not have authority outside of the regions of Yehuda and Shomron and therefore demanding that the youth return to stay in the community of Tzofim is not within the authority of the GOC. The Central Command began to correspond with Yado on the subject, but stopped after Yado clarified that it does not have the authority to detain the youth and that the youth will continue living within the Green Line. The youth was detained on Sunday in the area of Beit Shemesh, almost three weeks after the letter was sent. On the same day an indictment was filed with the Petah Tikva Magistrate Court accusing him of five counts of violating the order. The indictment relies on the police arriving at his parents’ home when he was not present. The police also demanded his remand until the end of proceedings due to the fact that he is dangerous to the public. Honenu Attorney Avichai Hajbi represented the youth at the deliberation and claimed that Major General Roni Numa does not have any authority outside of the areas of Yehuda and Shomron and that the matter was clarified in a letter to the Central Command headquarters. Hajbi had not received a reply to the letter at the time of the detention. Additionally Hajbi claimed that if the youth was so dangerous, the police, who knew from the first moment that he had remained in the area of Beit Shemesh, should have detained him immediately and not waited three weeks. Judge Etti Kraif postponed ruling on the matter until Tuesday, and in the afternoon gave her decision, according to which the youth may be released after he presents an alternative to remand. Judge Kraif refused to rule on the matter of the scope of the GOC Central Command’s authority and justified her refusal by citing that GOC’s order has the status of being binding unless proven otherwise, and that the appropriate legal forum for the matter is the Military Appeals Committee. Honenu Attorney Avichai Hajbi: “At the end of the day despite the fact that the court ignored my main pleas, the court ordered the release of my client and rejected the demand made by the police.”