Foreign activists in OPT

Foreign activists released from detention

High Court discussion reveals two Spanish, Australian women were detained near Ramallah in improper procedure

High Court discussion reveals two Spanish, Australian women were detained near Ramallah in improper procedure

Aviad Glickman
Published: 02.08.10, 12:31 / Israel News

The Supreme Court ordered the release of two foreign left-wing activists Ariadna Jove Marti and Bridgette Chappell in exchange for NIS 3,000 each (about $800). In addition, they were banned from the West Bank.

It was also decided that the two must submit an administrative petitions on their stay in Israel within five days. In addition, the
judges ruled that the State must issue affidavits regarding the jurisdiction of Oz unit inspectors in the territories.

The State Prosecutor's Office admitted that the arrest of the two near Ramallah on Sunday by members of the Interior Ministry's Oz unit was conducted in an improper procedure.

During a High Court discussion Monday, the State agreed to release the two women on bail, under the condition that they would be released into Israeli territories only.

The women, Ariadna Jove Marti of Spain and Bridgette Chappell of Australia, petitioned the High Court of Justice, claiming that their arrest was illegal as it was conducted in Area A, which is under full Palestinian control and not under the jurisdiction of the Israel Police.

The State's response revealed that the Israel Defense Forces handed the two women over to the Oz unit in the territories, rather than in Israel's sovereign territory, as it should have.

The State representative, Attorney Ilil Amir, said that despite the mishap, the two should be released as they were not allowed to enter the territories in the first place. After the discussion ended, the State representative reconsidered and said that the detainees could be released.

'Army persecuting people'

During the discussion, the judges criticized the arrest procedure. Judge Asher Grunis asked the State representative whether her people took any action aimed at regulating the authority issues. She replied, "It has become clear that not all elements understand all the instructions."

Judge Grunis added, "If the two women are staying in Israel illegally, you must act in accordance with Israel's entry law. Why keep them in custody? In light of the circumstances, you should consider releasing them under conditions."

Judge Uzi Vogelman asked the State representative, "If we decide to release them, are there any special conditions under which you would want to release them?"

Following a consultation between the State Prosecutor's Office and the Interior Ministry, the State representative told the judges that there would be no problem releasing the two women into Israel only and on bail of NIS 25,000 (about $6,685).

The women's lawyer, Attorney Omer Shatz, said: "We're asking ourselves why the army is motivated to arrest these two peace activists of all people. The army's motivation is to persecute people based on their political opinions. I ask the court not to lend a hand to this illegality."

According to the lawyer, Spanish Foreign Minister Miguel Moratinos has become involved in the matter, asking the Israeli ambassador in Spain not to deport Marti.