State to compensate rightist
In first decision of its kind, Jerusalem court orders state to pay NIS 100,000 (about USD 22,000) in compensation to right-wing extremist Noam Federman, ruling he was falsely placed under administrative detention; Decision angers families of Palestinian administrative detainees
The ruling marks the first time the State has been ordered to compensate a suspect placed in administrative detention.
Federman filed a complaint against the State of Israel claiming he was wrongfully accused and subsequently held in custody for two years. He also charged that the indictment filed against him, which was eventually withdrawn, was based on the testimony of only one witness.
Decision sparks Palestinian ire
Tuesday’s decision sparked the ire of the families of Palestinian administrative detainees in Israeli jails. They argued that Israel’s judicial system adopts a double standard policy.
“Since the State of Israel is a State of law for all its citizens, and since it allowed Noam Federman to defend himself and decided to compensate him for putting him under administrative detention, we expect a similar opportunity be given to all prisoners – including Palestinian administrative detainees,” said Khaled Faraj, the brother of Abed al-Razek Faraj who has been detained in Israel without trial for four years for suspicion that he is affiliated with the Popular Front for the Liberation of Palestine.
Speaking to Ynet, Faraj said that in his brother’s case, as with all administrative detainees, the state’s accusations are presented to a military court in the form of a secret file and neither the lawyers, nor the suspects and their families have the possibility to disprove them.
He added that his family would not have been annoyed if an indictment had been filed against his brother. “We have no idea what his offenses are, why he has been imprisoned and what are accusations against him. They tell us it’s all secret, but we cannot cope with secrets,” he said.
“The state of Israel, if it wants to be a state of law and justice, has to scrap the administrative detention policy which it inherited from the British mandate. Each prisoner should have the right to defend himself against the accusations handed down on him; and if he can prove his innocence he should be freed, and not kept behind bars unjustifiably,” Faraj added.
'Gang engaged in crusade against me'
The right-wing activist said in response that he now intends to file a personal lawsuit against Shin Bet officials who were involved in the case against him.
"I hope the Shin Bet gets the message,” he said.
“I’m glad the bubble of the anti-Jewish division in the Shin Bet and the State Prosecutor finally burst in their faces,” he said. “This gang engaged in a crusade against me, where any means were used to attempt to falsely jail me.”
“When it didn’t work the regular way, they didn’t hesitate to adopt administrative measures against me. This was the last nail in the coffin…,” he said.
In conclusion, Federman vowed to “continue to fight for the land of Israel, the people of Israel, and the Torah.”
‘Hardships and abuse’
The High Court of Justice decided to release Federman from jail, after he was placed in custody following the indictment against him. Judge Yaakov Tirkel wrote in the ruling that "a man should be punished for his sins, not for the sins of others."
After Federman's release, the IDF's central command chief issued an administrative detention warrant against him, confining him to house arrest. Following a year of house arrest, the defense minister has decided to issue another administrative detention warrant against him.
"During this time I continued to claim I was innocent," Federman said Tuesday.
Prosecutors announced their decision to withdraw the charges against Federman in an unanticipated move about a year ago. Federman was promptly released from his arrest shortly thereafter, and was quick to file a request for compensations from the State, "for all the hardships and abuse I had to endure".
Second win in a row
Federman was recently granted compensations in another case, after filing a lawsuit against Muatztam Tibi, the brother of MK Ahmed Tibi, accusing him of attacking him. The court rules Federman will be compensated by Tibi, after the latter failed to submit a statement of defense.
Following the Shfaram terror attack, where a Jewish terrorist killed four Arab Israelis, Defense Minister Shaul Mofaz decided to boost restraints on right-wing extremists and issued administrative detention warrants against three right-wing activists. Two of the men were arrested during the terrorist Eden Natan Zada’s funeral, and the third was detained while making his way to the terrorist's family residence to express his condolences.
The activists were arrested for a period of two months, which may be extended if the police find it necessary.
The three men are members of outlawed right-wing organization Kach: Efraim Hershkovitz, 22, from Jerusalem; Gil'ad Shochat, 19, from the Ma'on farm settlement south of the Hebron mountain; and Sa'adia Hershkoff,18, an American citizen who resides in the religious community of Kfar Habad in Israel. Shochat is the son of Tiran Pollack, a known right-wing activist.
Two other administrative detention warrants have been filed by police recently. One against Noam Federman, who is currently held under house arrest, after he was released from prison, and the other against Neriya Ofan, a resident of Samaria, who is currently held in administrative detention.
