13/4/2010 Israeli military orders 1649 "Order regarding Security provisions" and 1650 "Order regarding Prevention of Infiltration" (2010)

Order 1649

Order 1650

Source: HaMoked Center for the Defence of the Individual http://www.hamoked.org.il

Translation Disclaimer [as qouted from the above-mentioned source] 
The English language text below is not an official translation and is provided for information purposes only. The original text of this document is in the Hebrew language. In the event of any discrepancies between the English translation and the Hebrew original, the Hebrew original shall prevail. Whilst every effort has been made to provide an accurate translation we are not liable for the proper and complete translation of the Hebrew original and we do not accept any liability for the use of, or reliance on, the English translation or for any errors or misunderstandings that may derive from the translation.

I S R A E L D E F E N S E F O R C E S
Order No. 1649

Order regarding Security Provisions (Amendment No. 112)

Pursuant to my authority as commander of IDF forces the Area, I hereby order as follows:

Addition of Title E2.
1. In the Order regarding Security Provisions (Judea and Samaria) (No. 378) 5730-1970, the following shall be added:

Title E2 – Judicial Review of Custody of Infiltrators

Definitions
87.10 In this Title:
“infiltrator” – as defined in the Order regarding Prevention of Infiltration.
“deportation order” – a written deportation order issued by the military commander under Subsection 3(A) of the Order regarding Prevention of Infiltration.
“a person held in custody” – a person held in custody pursuant to a deportation order.
“Order regarding Prevention of Infiltration” - Order regarding Prevention of Infiltration (Judea and Samaria) (No. 329), 5729-1969.

Establishment of a Committee
87.11 A committee for the examination of deportation orders shall be established in the Area which shall be authorized to review appeals against decisions rendered in accordance with the Order regarding Prevention of Infiltration (hereinafter: “the Committee”).

Committee membership
87.12
A. The commander of IDF forces in the Area shall appoint judges with the rank of at least Major as members of the Committee.

B. One of the members of the Committee shall be appointed as head of the Committee.

C. The head of the Committee shall appoint from among the members of the Committee members who shall preside as a single judge Committee.

D. The head of the Committee may determine that the Committee comprise three if he sees a special need for the same. Where a bench of three had been determined, the head of the Committee shall appoint the chair.

E. The head of the Committee may replace one Committee member with another and the review of the appeal shall continue from the point at which it was halted, unless otherwise instructed by the head of the Committee.

Appearance before the Committee for Reviewing Deportation Orders
87.13
A. Where a deportation order had been issued and a person was being held in custody pursuant thereto, the person held in custody shall be brought before
the Committee as soon as possible and no later than 8 days from the date of issuance of the deportation order. If the person held in custody is less than 18 years of age, he shall be brought before the Committee no later than the end of 4 days from the date of issuance of the deportation order.

B. A person who is held in custody who has not been brought before the Committee within the time period specified in Subsection (A) shall be brought before the Committee which shall review his matter and instruct his provisory or unconditional release, unless the Committee is of the opinion that the circumstances of the matter, including the danger posed by the person held in custody, the concern regarding his potential for fleeing trial and the reasons for his not being brought before it, do not justify his release.

The Committee’s powers
87.14
The Committee may:
A. Uphold the validity of a deportation order with or without amendments.

B. Revoke the deportation order, if convinced that the person held in custody is not an infiltrator.

C. Order the provisory release of a person held in custody including on bail or his unconditional release if convinced that there are special grounds justifying the same, or that the aforesaid release may assist in the removal of the person held in custody from the Area; provided it does not so order if:
1. The removal of the person held in custody from the Area is prevented or delayed due to lack of full cooperation on his part, including pertaining to the clarification of his identity or the arrangement of procedures for his deportation from the Area, including an unjustified refusal to return to the country from whence he arrived to the Area or another country, if his return to the country from whence he arrived to the Area is not possible;
or
2. The release of the person held in custody may endanger the security of the Area, public safety or public health.

D. Order the release of a person held in custody on bail upon termination of a period of time determined by it, if the person had not been removed from the Area prior to this date, if convinced of one of the following:
1. That the removal from the Area of a person held in custody is prevented or delayed with no reasonable justification despite full cooperation on his part and that the deportation order can be executed within the determined time period;
2. Remainder in custody may harm the health of the person by reason of his age or medical condition, or where other special humanitarian grounds justifying his release on bail exist, including when remainder in custody would leave a minor unattended; provided it does not so order if the release of the person held in custody may endanger the security of the Area, public safety or public health.

E. Order an amendment to the conditions set for the release of a person held in custody as per Section 6B of the Order regarding Prevention of Infiltration.

F. Order the return of all or part of the monies collected from the infiltrator for expenses of executing the deportation order as stated in Section 6A of the Order regarding Prevention of Infiltration.

Periodic review
87.15
A. Where the Committee decides, under Section 87.14, not to release the person held in custody, his matter shall be brought for further review by the Committee no later than 60 days from the date on which the decision under Section 87.14 was rendered or within a shorter period of time set by the Committee.

B. A person held in custody whose matter was not brought for further review by the Committee within the timeframe specified in Subsection (A) shall be brought before the Committee which will review his matter and order his provisory or unconditional release, unless the Committee is of the opinion that the circumstances of the matter, including the danger posed by the person held in custody, the concern regarding his potential for fleeing trial and the reasons for his not being brought before it, do not justify his release.

C. The provisions of Subsection (A) notwithstanding, if the person held in custody is less than 18 years of age, his matter shall be brought before the Committee for further review no later than 30 days.

Further
87.16
A. A person held in custody may contact the deliberation Committee in writing at any time to request further deliberation of a decision rendered in his matter if new facts arise or if circumstances have changed, including the passage of time from the date of issuance of the deportation order, and this may change a prior decision by the Committee.

B. The military commander or a person empowered by him for this purpose may contact the Committee in writing to request it order the remand to custody or a change in the conditions of release of an infiltrator who had been released in accordance with the decision of the Custody Committee if new facts arise or circumstances have changed since the date on which the previous decision in the matter of the infiltrator was rendered; the provisions of this Subsection shall not detract from the powers of the military commander under the Order regarding Prevention of Infiltration.

Evidence
87.17
In proceedings under this Title, the provisions of Subsections 85(F) and 85(G) shall apply.

Detainee presence
87.18
Subject to the provisions of Section 87.16, the provisions of Sections 78(T) and 78(U) shall apply mutatis mutandis to review of proceedings under this Title.

Legal procedures
87.19
A. In any matter relating to legal procedures which is not regulated in this Title, the Committee shall hold the review in the manner it considers most effective for reaching a decision in the matter.

B. The Committee may contact the military commander in order to obtain his position, in writing or orally, in the matter of a person held in custody or any question it needs to address in order to reach a decision, provided the Committee does not make a decision as stated in Subsections 87.14(B) to 87.14(E), without the position of the military commander having been presented to it.

C. A person held in custody may avail himself of counsel in pleading before the Committee and the Committee may accept written arguments by the person held in custody if the same chooses not to appear before the Committee.

D. The provisions of Sections 79(A) to (D) shall apply mutatis mutandis to bail release proceedings under this Title; the Committee shall have all the powers granted to the court under this Section.

Delay of execution
87.20
Where the Committee delivered a decision as per Section 87.14, it may, at the request of a representative of the military commander, order delaying execution of the decision for a period not exceeding 72 hours; for these purposes Saturdays and holidays shall not be counted in the hours.

Retention of powers
87.21
Nothing in this Title shall detract from the power of the military commander to revoke a deportation order whether prior to or following proceedings under Section 87.14.”.

Commencement
2. This Order shall take effect six months from the day of its signing.

Application
3. The provisions of this Order shall apply to persons held in custody against
whom a deportation order was issued prior to the entry into effect of this
Order; the provisions of this Order notwithstanding, persons held in
custody against whom a deportation order was issued prior to the entry
into effect of this Order shall be brought before the Committee as per
Section 87.13(A) within 8 days of the entry into effect of this Order.

Name
4. This Order shall be called “Order regarding Security Provisions
(Amendment No. 112) (Judea and Samaria) (No. 1649) 5769-2009”.
25 Tishrey 5770
13 October 2009
_________________________
Gadi Shamni, Major General
Commander of IDF Forces
in the Judea and Samaria Area

I S R A E L D E F E N S E F O R C E S
Order No. 1650
Order regarding Prevention of Infiltration (Amendment No. 2)

Pursuant to my authority as commander of IDF forces the Area, I hereby order as follows:

Amendment to Section 1
1. In the Order regarding Prevention of Infiltration (Judea and Samaria) (No. 329), 5729-1969 (hereinafter: the Order), In Section 1:

A. The definition “lawfully” shall be deleted.

B. The definition of “infiltrator” shall be replaced by:
“ “infiltrator” – a person who entered the Area unlawfully following the effective date, or a person who is present in the Area and does not lawfully hold a permit.”.

C. The definition “resident of the Area” shall be deleted.

Amendment to Section 2
2. Section 2 shall be replaced by the following:

“Sentencing of an Infiltrator
2.
A. The infiltrator shall be sentenced to a term of imprisonment of seven years.
B. The provisions of Subsection (A) notwithstanding, where an infiltrator has proven his entry into the area was lawful – he shall be sentenced to a term of imprisonment of three years.”.

Amendment to Section 3
3. In Section 3 of the Order:

A. The following shall be added at the end of Subsection (A):
“; for the purpose of its implementation, a deportation order shall be considered an arrest order issued under Section 78 of the Order regarding Security Provisions (Judea and Samaria) (No. 378) 5730-1970, this including for the purpose of carrying out the arrest inside Israel under Section 5(A)(1) of the Order regarding Punitive Measures (Judea and Samaria) (No. 322) 5729-1969.”

B. The following shall be inserted following Subsection (A):

A1. A deportation order shall not be issued under Subsection (A) until the infiltrator has been provided with the opportunity to plead before an IDF or Police officer and until the infiltrator’s claims had been brought to the attention of the military commander.

A2. Where a deportation order had been issued under Subsection (A), the infiltrator shall be deported from the Area as soon as possible, unless he leaves the Area of his free will earlier.

A3. Where a deportation order had been issued under Subsection (A), the infiltrator will be given information in writing or orally, as far as possible in a language he understands, regarding his rights under this Order as well as his right to have a person close to him or an attorney be notified of his being held in custody.”

C. The following shall be inserted following Subsection (B):

C. Where a deportation order had been issued under Subsection (A), the infiltrator shall not be deported unless 72 hours had elapsed from the time he was served the written deportation order, unless he agreed thereto; the military commander may delay the date of execution of the removal as per the request of a person against whom a removal order was issued.

D. The provisions of Subsection (C) notwithstanding, where the military commander is aware that the infiltrator had entered the Area some time ago, he may order his deportation before 72 hours elapse from the time he is served the written deportation order, provided the infiltrator is deported to the country or area from whence he
infiltrated and the matter is executed within 72 hours of the time at which a soldier or police officer had reason to suspect that the same had infiltrated the Area.”.

Amendment to Section 4
4. In Section 4 of the Order, “life sentence” shall be replaced by “a term of imprisonment of twenty years”.

Replacement of Section 5
5. Section 5 of the Order shall be replaced by the following:
“Evidence
 5.
A. In any proceeding under this Order, a person is presumed to be an infiltrator if he is present in the Area without a document or permit which attest to his lawful presence in the Area without reasonable justification.

B. For the purpose of this Section - “A lawful document or permit” – a document or permit issued by the commander of IDF forces in the Judea and Samaria Area or someone acting on his behalf under the provisions of security legislation, or issued by the authorities of the State of Israel under the Entry into Israel Law, 5712-1952, as it is periodically valid inside Israel, which permit the presence of a person in the Area.”.

Addition of Sections 6A-6B
6. Section 6 of the Order shall be replaced by:
“Expenses of Execution of a Deportation Order
6. A military commander may charge the expenses of executing a deportation order, including the expenses incurred by holding in custody, on the infiltrator, provided the total expenses do not exceed NIS 7,500; the military commander may also order the seizure of the infiltrator’s monies to cover the expenses.

Release on Bail
6A.
A. Where a deportation order was issued against an infiltrator under the provisions of this Order, the military commander may order the release of the infiltrator on personal bail, whether exclusively or with the addition of a guarantor, or with a monetary bail posted by the infiltrator or a guarantor, or with part thereof as bail and part thereof as a deposit.

B. The provisions of Subsection (A) notwithstanding, the military commander shall not order the release of an infiltrator if he is of the opinion that:
“ 1. The deportation of the infiltrator from the Area is prevented or delayed due to lack of full cooperation on his part, including refusal to return to the country of origin, or
2. The release of the infiltrator may endanger the security of the Area, public safety or public health.

C. Release on bail shall be subject to conditions set forth by the military commander in order to guarantee the infiltrator reports for the purpose of his departure from the Area or deportation on the date set, or for the purpose of other proceedings under this Order or under any law or security legislation.

D. Where the military commander is aware that an infiltrator who had been released on bail broke or is about to break the conditions of his release, he may issue an order to remand the infiltrator to custody.

E. Where an infiltrator broke his release conditions, the military commander may order –
1. Payment of all or part of the amount set for bail to the treasury of the Area headquarters;
2. Seizure of all or part of the deposit for the Area headquarters.”.

Cancellation of Section 7
7. Section 7 of the Order is cancelled.

Commencement
8. This Order shall take effect six months from the date of its signing.

Name
9. This Order shall be called the “Order regarding Prevention of Infiltration (Amendment No. 2) (Judea and Samaria) (No. 1650) 5769-2009”.

25 Tishrey 5770
13 October 2009
Gadi Shamni, Major General
Commander of IDF Forces
in the Judea and Samaria Area

Source: HaMoked Center for the Defence of the Individual http://www.hamoked.org.il

Translation Disclaimer [as qouted from the above-mentioned source] 
The English language text below is not an official translation and is provided for information purposes only. The original text of this document is in the Hebrew language. In the event of any discrepancies between the English translation and the Hebrew original, the Hebrew original shall prevail. Whilst every effort has been made to provide an accurate translation we are not liable for the proper and complete translation of the Hebrew original and we do not accept any liability for the use of, or reliance on, the English translation or for any errors or misunderstandings that may derive from the translation.