IDF Judge Criticizes Central Command Use of Restrictive Orders

A. Pe’er, Hamodia Military Correspondent

YERUSHALAYIM – The president of the Military Court of Appeals Col. (res.) Netanel Benishu has criticized the IDF Central Command for its issuance of restrictive administrative orders during the past year to Jews living in Yehudah and Shomron without granting them a hearing.

Ruling in a specific case, Colonel Benishu upheld a claim made by Attorney Menashe Yado of the Honenu legal-aid organization that the command admitted that none of the Jews given such orders had received a hearing.

In the case cited, a young man living in Baladim, near Kochav Hashachar, was ordered to stay out of Yehuda and Shomron, except for Kiryat Arba. This prevented him from tending to his flock of sheep which were in the vicinity of Kochav Hashachar. After the order was extended, a request for appeal was filed.

It was only one of about 50 such cases in which restrictive orders were issued without a hearing by the IDF Central Command.

Judge Benishu said such an order should only be issued without a hearing in case a person poses an immediate risk to public safety.

He added, “The military commander must ensure the proper right to be heard before issuing restraining orders unless substantial grounds exist to grant this right only after the issuance of the order.” He called on lawmakers to make a hearing automatic as it is in the case of administrative detention.

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