Honenu Attorney Menashe Yado; Photo credit: Honenu
Sunday, August 16, 2020, 10:22 Due to errors by the Central Unit of Yehuda and Shomron Police and the Prison Service, Y. was held in remand for 24 hours after the Jerusalem Magistrates Court handed down a decision to release him immediately. Honenu Attorney Menashe Yado has filed a suit on his behalf, demanding 20,000 NIS in compensation from the police over false imprisonment, negligence, and the violation of his fundamental right to freedom.
The incident occurred approximately one month ago and began when the Jerusalem Magistrates Court ordered Y. released on a Thursday afternoon. From the suit: “Apparently the policemen from the Central Unit of Yehuda and Shomron Police did not transfer the release documents [to the Prison Service] and on their part the Prison Service guards did not make an effort to receive the documents. As a result of negligence/apathy/a lack of concern the plaintiff remained in remand, in violation of the law, for 24 hours after the decision to release him was made.”
Despite the fact that the court ruled that posting bail would not constitute a condition for release, and despite the fact that Y. signed a personal guarantee and his friend signed a third-party guarantee, Y. was returned to the Hadarim Prison. Y. asked the prison guards for permission to phone someone outside of the detention center in order to facilitate his release. The prison guards claimed that there was no mention in the release decision of permission for him to make a phone call, and therefore did not allow him to call.
Yado pointed out that the claim by the prison guards “reveals obvious neglect by the Prison Service of their obligation to release him, because although it was not specified in the decision that he was entitled to a phone call, it was written that the plaintiff has the legal right to be released. Despite the fact that the prison guards read the decision, they did not allow the plaintiff the opportunity to realize it and did not lift a finger on his behalf, but rather illegally left him overnight in remand.”
The plaintiff continued his requests to make a phone call, and was refused every time. The prison guards referred Y. to the prison officer. However when the officer arrived and the plaintiff attempted to speak to him, he turned his back and did not pay any attention to the plaintiff.
The following morning, Friday, the plaintiff succeeded in contacting his father through a detainee who had the right to make phone calls. His father handled the matter and the plaintiff was released at 13:00, over 24 hours after the decision to release him had been handed down by the court.
Honenu Attorney Menashe Yado, who is representing Y.: “The suit centers on the cruel treatment by the prison guards who held the release decision, but did not allow the plaintiff to phone someone on the outside who could ensure that the documents were sent to the prison, and left him in remand overnight for no reason. I handled an identical situation one year ago in which the State of Israel paid 9,500 NIS in compensation without a statement of defense being submitted. And now the situation has been repeated, step by step. The main conclusion is that the prison system must take upon itself to explain to the prison guards that they must not be cruel, but rather a bit more human.”