The High Court discussed this morning (Wednesday) the state’s response to the conditional order given in the petition submitted by the Adallah Center on behalf of the family of Walid Deka, whose body has been held by the state authorities since his death on 4/7/2024.
Demonstrations are taking place outside the hall where supporters of the state chant “death to terrorists” and express support for the state’s position. Unusually, it was decided to hold the discussion behind closed doors.
Demonstrations outside the High Court hearing on the petition for the return of the terrorist’s body, photo: Oren Ben Hakon
In the petition submitted on April 16, 2024, it is claimed that the delay in handing over the body of a prisoner who is a citizen of the country constitutes a violation of the constitutional right to dignity, and that the body is being held without a legal order allowing the authorities to do so. The meaning, according to the petitioners, is that the continued possession of the deceased’s body is not only contrary to the limitation clause, but is also a blatant violation of the principle of the rule of law.
The terrorist Walid Deka. Died at Assaf Harofeh Hospital, Photo: Arab Networks
Ahead of the first hearing held on the petition on June 13, 2024, the state announced that the political-security cabinet ratified the decision of the Minister of Defense to continue holding Walid Deka’s body.
Riot in the discussion about the return of the body of the terrorist and near Deka // Yoni Rikner
It was also decided to continue detaining more bodies of Israeli citizens until the cabinet decides otherwise. After the hearing, the High Court of Justice issued a conditional order, in which it ordered the state respondents “to come and give a reason why they should not hand over the body of the deceased Walid Daka to the petitioners, in order to bring him to an immediate burial in Baca Algarbeya, according to the mitzvot of their religion and the faith of his family members” and this until July 15 2024.
The hearing on the petition for the return of the terrorist’s body, photo: Oren Ben Hakon
In the state’s response to the conditional order, it is claimed that there is no reason for judicial intervention in the Cabinet’s decision, and that the possession of the body is done under the authority of the defense regulations (time of emergency). Nitzan Alon from the negotiation team for the release of the abductees is expected to arrive at today’s hearing and argue behind closed doors that keeping the body is also necessary for negotiations with Hamas.
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