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Photo: Niv Calderon
Justice Elyakim Rubinstein
Photo: Niv Calderon

High Court rules against Palestinian hunger strikers

Court denies petition filed by two security prisoners against their administrative detention but levels harsh criticism at investigation

The High Court on Monday rejected an appeal by two Palestinian security prisoners, who have been on a hunger strike for the past 70 days, against their administrative detention.

 

Thaer Halahla and Bilal Diab, both Islamic Jihad members, have been refusing food in protest of their detention. Their petition said the court should free them on medical grounds.

 

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The Honorable Elyakim Rubinstein, Yoram Danziger and Noam Solberg did, however, criticize the investigation in Halahla's case, saying it was "too basic and focused only on very generic questions about his involvement with the Jihad.

 

"(Investigators) seemed to simply be going through the motions," the court noted.

 

Justice Rubinstein noted that in June, Halahla's detention will come to two years: "Regardless of the hunger strike, this case warrants a review by high-ranking officials who should devise alternatives to his detention."

 

The court ruled that the two's hunger strike "Cannot be used as a factor in the decision of whether or not to prolong administrative detention… Such detention in and of itself is enough to make any judge uncomfortable, but it is a necessary evil in light of the evidence."

 

The court urges the state to adhere to the stipulation that states that should the administrative detention prove hazardous to the prisoner's life.

 

Reuters contributed to this report

 

 

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פרסום ראשון: 05.07.12, 17:23