In light of reports that the Central Command plans to issue administrative-restriction orders ahead of the evacuation of Amona, the Chonenu organization reminded the chief of Central Command on Monday that administrative-restriction orders cannot be issued in order to prevent legitimate protest, and said it was afraid that the chief would bypass the courts.
Chonenu Attorney Arye Arbus noted the media reports about Chief of Central Command Ronny Nomeh’s intention to issue dozens, if not hundreds, of restricting orders in the Yehudah and Shomron area in general, and the town of Ofra in particular. The objective of the orders, said Arbus, is to prevent legitimate protests against the evacuation of the settlement of Amona, planned for the coming days.
“We are sure that the High Court decisions, and the decisions of the appellate committee given on this subject over the years, as well as those recently issued, have been studied and internalized for the process of issuing restriction orders,” Arbus wrote. He then quoted a decision by the military appellate court Judge Brigadier General Netanel Benishu, who recently canceled an administrative-detention order for a resident of the Shomron. He determined that protests “do not justify, at all, use of draconian administrative means, such as the current order.”
“It emerges that restrictive orders should not be issued in order to prevent legitimate protest activities,” Arbus wrote. He also reminded the chief of the central command the obligation to have a hearing before issuing an order.
“Issuing ‘flash orders’ without the right to a hearing before the decision opposes the ‘natural rules of justice,’ ” Arbus added. He emphasized that “what is being described in the media is very disturbing, because it looks like there are plans to take advantage of the short window of time and use of administrative orders will be made to prevent legitimate protest activities in order to evade and thwart judicial oversight on the way the orders are issued.”
Chonenu is demanding that the chief of Central Command issue a clarification that he has no plans to abuse the orders, and will not use the short window of time as an excuse to avoid being subject to judicial oversight.