Eliya Ben-David; Photo credit: Ya’ir ֹUriel
Thursday, February 27, 2020, 14:35 Following a series of flaws in the criminal and administrative detention of Eliya Ben-David, three separate complaints were filed with the “Mivtan”, the department of the Justice Ministry authorized to investigate complaints by GSS interrogatees. The complaints were that the administrative detention order was signed in violation of the law and concealed from the court, and a court hearing was not held as required by law.
One flaw led to another, in light of the complaints filed against the conduct of the GSS in the investigation of Eliya Ben-David. The complaints were filed with the Mivtan, and related to the legality of the administrative order, its concealment from the court, holding Ben-David in remand under conditions in violation of the law, and more. The Mivtan contacted Honenu Attorney Menasheh Yado, who is representing Ben David, and the matter is being examined.
Yado stated that the first administrative detention order issued to Ben-David was not signed according to law. The order was signed when Ben-David was under regular criminal proceedings in court, which is illegal because an administrative detention is supposed to be a last resort, and not to be held in a drawer “to be on the safe side”.
Additionally, the order, which was signed on the ninth of February, was concealed from the court, which continued ruling on Ben-David’s case until the tenth of February. Moreover, Ben David was not granted a hearing before the administrative order went into effect. Honenu Attorney Menasheh Yado further stated that, “The order lacks all proportion.” The proof of this is that the restrictive order which replaced the detention order imposes on Ben-David house arrest only at night, which indicates that Ben-David does not pose a particular danger.
“In light of the clear proof of the absence of posing a danger, a question arises: Was the administrative detention designed to try to break Eliya Ben-David’s resolve in remand, so that he would incriminate himself?” Here Yado mentioned that in violation of the law Ben David was placed in a detention cell with detainees who had been recently tried, and there is a possibility that they were undercover agents who attempted to convince him to talk after he had been in solitary confinement without meeting with an attorney for ten days.
An additional complaint was filed with the Mivtan and the Attorney General’s office for violation of Ben-David’s rights during GSS interrogations, according to the severe criticism leveled by the court at the GSS for their conduct. Yado requested from the investigating authorities the complete and detailed report of their criticism, in order to know how his rights were violated and how the proceedings against him were handled.
Concerning the Prison Service, the complaint is that after the administrative detention order issued to Ben-David was canceled during the early evening hours, the Prison Service refused to release him, and he remained illegally in remand for approximately five hours, until the new administrative order was issued: “The Prison Service does not have the authority to delay a release due to an order that has not yet been issued.”
Honenu Attorney Menasheh Yado mentioned that the late Prime Minister Menachem Begin disclosed about himself that after he signed on an administrative order he wasn’t himself again for several days afterwards. “[Signing on an administrative order] is a serious and dangerous act. The late Begin understood the danger and with that in mind he signed.
“In contrast, in this incident we have seen the callousness of the authorities who signed on a completely groundless order, which was overturned the following day. Not only that, they signed on the order as thieves in the night, concealing it from the [Central] District Court, without granting Ben-David a hearing as the law requires, and while he was a detainee undergoing criminal proceedings. This act should set off alarm bells with anyone who understands law and with anyone who understands the danger of a government that acts in this way. We are looking forward, we will be on guard, and we will fight we all the resources that we have.”