HCJ - TEMPORARY EXPULSION OF HAMAS OPERATIVES - 28-Jan-93

EXCERPTS FROM HIGH COURT OF JUSTICE RULING ON THE TEMPORARY EXPULSION OF HAMAS OPERATIVES

UNOFFICIAL TRANSLATION

The High Court of Justice decision is substantiated and detailed, and extends over 32 pages. The following is the summation clause:

"17. In summation, we have unanimously reached the following conclusions:

A: Concerning the individual expulsion orders, we determine that the failure to satisfy the right to a prior hearing does not affect their validity. We instruct that the right to a hearing now be given, as detailed above.

B: The order regarding the Temporary Expulsion (Emergency) Order is invalid due to the reason brought forth in sections 12 (d) and 13 above. This conclusion does not affect the validity of the individual expulsion orders.

C: As stated, charges against the validity of the individual expulsion orders which were issued pursuant to regulation 112 of the Defense

(Emergency) Regulations 1945, should be raised before the advisory commission.

In accordance with the above, we dismiss the petitions and cancel the order nisi."

Also of note are sections 14 and 15 of the High Court of Justice ruling, which mention the procedures by which the appeals can be heard:

"14. The petitioners charged that the individual expulsion orders are invalid owing to defects in process, beyond the negation of the right to petition. The respondents disputed this.

We believe that, in the case before us, the place of the charges such as these is before the advisory commission to which the deportee is permitted to direct his appeal. As long as the advisory commission has not decided otherwise, each individual order remains valid.

15. The respondents must now make practical arrangements for the realization of the right to appear before an advisory commission operating in accordance with regulation 122 (8) of the above regulations vis-a-vis all who wish to do so. Accordingly, if a written appeal is received from a deportee via the International Red Cross or any other means by which the commission is requested to hear his appeal, it is proper that the petitioner be permitted to appear personally before the commission in order that the commission may take note of his verbal explanations, and that it may examine the matter and the justice of the expulsion order executed in his case. Prior to the appearance before the commission, he should also be allowed a personal meeting with an attorney who wishes to represent the deportee before the commission.

The commission can conduct its hearings anywhere that the IDF can ensure that the hearings are held properly.

To implement all the above, the respondents must make practical arrangements, the details of which should be decided upon by the authorities responsible for them. The beginning of the arrangements has been described in the State deposition submitted to us on 25.1.92, but these must be supplemented in accordance with the spirit of our words herein.