{"id":5036,"date":"2012-10-04T20:14:14","date_gmt":"2012-10-04T18:14:14","guid":{"rendered":"https:\/\/law.acri.org.il\/en\/?p=5036"},"modified":"2012-10-17T16:38:08","modified_gmt":"2012-10-17T14:38:08","slug":"petition-to-overturn-law-to-prevent-infiltration","status":"publish","type":"post","link":"https:\/\/law.acri.org.il\/en\/2012\/10\/04\/petition-to-overturn-law-to-prevent-infiltration\/","title":{"rendered":"Refugees and Rights Organizations Petition High Court to Overturn Law to Prevent Infiltration"},"content":{"rendered":"<p><strong>Six human rights organizations filed the petition today (October 4) on behalf of themselves and five Eritrean asylum seekers \u2013 including a child \u2013 being held indefinitely in detention camps. The petition asks the High Court of Justice to overturn the Law to Prevent Infiltration.\u00a0<\/strong><br \/>\n&nbsp;<br \/>\nOver 2,000 men women and children are currently being held under authority of the law, and the government intends to jail thousands more, including families and children in the near future.\u00a0 Because of the difficult conditions at the detention centers and the dangers they present to vulnerable prisoners such as young children, the petition seeks an expedited hearing.<br \/>\n&nbsp;<br \/>\nThe Knesset passed the law in January 2012 as an amendment to the Law to Prevent Infiltration, and began implementing it on July 3.\u00a0 The law purports to authorize the administrative detention of migrants without a trial for a minimum term of three years.\u00a0 Most of the people being held under the law are citizens of Sudan and Eritrea, countries to which the Israeli government itself recognizes that it cannot deport people because of their expected fate upon their return.<br \/>\n&nbsp;<br \/>\nThe Law to Prevent Infiltration renders the right to liberty meaningless for many thousands of people, and deprives them of any legal defense.\u00a0 The purpose of this administrative detention is not to deport but rather to make the lives of the asylum seekers unbearable, as the Minister of Interior Eli Yishai said.<br \/>\n&nbsp;<br \/>\nThe petition argues that Israeli and international law prohibit the detention of migrants in cases where they cannot be deported; that the administrative detention of asylum seekers, children among them, who suffered trauma intensifies the trauma and is likely to harm the health and well being of those who are detained; and that deterrence is not an appropriate purpose for detention.\u00a0 For these reasons, and because the Law to Prevent Infiltration violates the Basic Law: Human Dignity and Liberty, the petition asks the High Court of Justice to strike down the law.<br \/>\n&nbsp;<br \/>\nThe petition was filed by Attorney Yonatan Berman of the Clinic for Migrants\u2019 Rights at the Academic Center of Law and Business in Ramat Gan, Attorney Anat Ben Dor of the Refugee Rights Clinic at the Tel Aviv University Faculty of Law, Attorney Oded Feller of the Association for Civil Rights in Israel (ACRI), and Attorney Asaf Weitzen of the Hotline for Migrant Workers.\u00a0 ASSAF \u2013 Aid Organization for Refugees and Asylum Seekers in Israel, The African Refugee Development Center (ADRC), and Kav La\u2019Oved are also named as petitioners.<br \/>\n&nbsp;<br \/>\n<strong>To read excerpts from the petition translated to English, <a href=\"https:\/\/law.acri.org.il\/en\/wp-content\/uploads\/2012\/10\/Petition-against-Law-to-Prevent-Infiltration-ENG.pdf\">click here<\/a>.<\/strong><br \/>\n&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Six human rights organizations filed the petition today (October 4) on behalf of themselves and five Eritrean asylum seekers \u2013 &hellip; <a href=\"https:\/\/law.acri.org.il\/en\/2012\/10\/04\/petition-to-overturn-law-to-prevent-infiltration\/\">Read more<span class=\"meta-nav\">&#8230;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":5037,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,58],"tags":[84],"class_list":["post-5036","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-democracy-and-civil-liberties","category-refugees-and-asylum-seekers","tag-legal-work"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts\/5036","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/comments?post=5036"}],"version-history":[{"count":4,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts\/5036\/revisions"}],"predecessor-version":[{"id":5101,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts\/5036\/revisions\/5101"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/media\/5037"}],"wp:attachment":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/media?parent=5036"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/categories?post=5036"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/tags?post=5036"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}