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Judge Accepts Appeal on Administrative Order

Appeal overturns detention of nationalist activist from Samaria over administrative order, gives option of release to Golan Heights.
By Ari Yashar
First Publish: 1/6/2014, 10:00 AM

Attorney Itamar Ben-Gvir
Attorney Itamar Ben-Gvir
Flash 90

An appeal filed by David Hai Hasdai, a nationalist activist from Beit El who was given an administrative order effectively placing him under house arrest for 6 months, was recently accepted by Jerusalem District Court Judge Ram Winograd.

The administrative order had been issued against 19-year-old Hasdai without a trial, evidence or testimony. It was the third such order he has received.

Hasdai's appeal, presented by Attorney Itamar Ben-Gvir, overturns a ruling by Deputy Magistrates Court President Hagit Mak Kalmanovich to keep Hasdai in detention until the end of proceedings.

In accepting the appeal, Winograd further ordered the Magistrates Court to investigate the possibility of freeing Hasdai to the Golan Heights instead of detention, emphasizing that if Hasdai breaches the terms of his release he will be arrested until the end of proceedings.

Hasdai has been accused of breaching the administrative order several times. After being freed from detention initially, he was was arrested shortly afterwards when he danced at a friend's wedding in Jerusalem.

At the time, Kalmanovich ordered that the youth be sent to detention until the end of proceedings as per requests by the police.

In his recent appeal, Ben-Gvir argued that Kalmanovich erred by not investigating the possibility of a release under alternate conditions as required by law, instead ruling detention till the end of proceedings.

Ben-Gvir noted his strong objection to the GOC (General Officer Commanding) Central Command and the State Attorney for allowing "an order without any trial, evidence or testimony against a righteous young man."

"On the other hand, this same (legal) system frees murderers and vile terrorists," added Ben-Gvir. "We have seen an inverted world; child murderers go home, and youth from the hills of Judea and Samaria suffer serious harassment."

"I would expect some sort of evaluation of the situation regarding administrative orders against right-wing activists given the release of murderers, but once again it's been proven that one who has mercy on the cruel will eventually be cruel to the merciful," concluded Ben-Gvir, referencing a saying of the Jewish sages.

Ironically, at the same time that Hasdai is undergoing legal battles for his right to live freely in Beit El, Prime Minister Binyamin Netanyahu said Sunday that Jewish rights to the land must be recognized, stating "we are not strangers in Beit El."