'High Court: Consideration Only for Infiltrators'

High Court forbids Jewish 17-year-old from spending Sukkot at parents' home, leaving him essentially homeless without a trial.

Ido Ben-Porat, Ari Yashar,

Arrested Jewish minor (illustration)
Arrested Jewish minor (illustration)
Flash 90

High Court judges on Friday dismissed a petition by a 17-year-old resident of Bat Ayin in Judea's Gush Etzion region, who asked to have the administrative distancing order on him be lifted during Sukkot so he can return to his parents' home for the holidays.

The youth was issued the order by General of Central Command Brig. Gen. Nitzan Alon without trial or evidence of any wrongdoing. His family was present at the High Court trial to explain the difficulties imposed on the teenager who is forbidden from returning home, and currently is forced to wander between family members and take temporary work to get by.

Attorney Adi Kedar of the Honenu legal aid organization submitted the High Court petition after having a similar petition to Alon rejected. He argued the order "is not proportional and comes from political considerations and not security ones, as claimed in the IDF and the Jewish department of Shabak (Israel Security Agency)."

At the end of the trial, the judges rejected the request - but not before they rebuked the family members of the persecuted youth, demanding that they hold a "self examination."

Their decision not to let the 17-year-old return to his parents' home for the holiday did not include any explanation or justification.

"The justice system proved again its imbalance and discrimination by its shocking lack of consideration and ignoring the needs of a minor and his family, when it refused the entreaties of the minor's mother for him to pass the holiday under their custody," said Kedar in response to the court decision.

Kedar continued "I'm disappointed by the decision which strengthens the improper pursuit and administrative enforcement against settlers."

In fact, the youth was arrested roughly a month ago for trying to return home after being forced to wander for a month-and-a-half. 

That same week, an Arab woman living in Ramallah who had received a similar distancing order from Alon for suspicion of terrorism involvement also breached her order - only to have it be cancelled by Alon in a shocking double standard. The woman breached the order openly while accompanied by far-left Haaretz journalist Amira Hass.

Honenu wrote in response to the court ruling, "apparently the sensitivities of High Court judges are preserved for African infiltrators and Arabs only. It is beyond our comprehension why the judges are unable to show a little sensitivity also for members of their own people."

The comment refers to the High Court ruling last month overturning key sections of the Infiltrator Law and taking away the state's ability to hold them in detention centers for a year. The ruling has caused anguish among residents, primarily in southern Tel Aviv that has been hard hit by a spike in violent crime due to the presence of the infiltrators.

MK Miri Regev (Likud) this week decried the High Court's argument for annulling parts of the Law, in which it claimed detained infiltrators will have difficulty devoting time to their “hobbies” and finding partners from the opposite sex. The government is currently working on another law to replace the one struck down by the High Court.


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