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Photos:Published by Haaretz

Ofer Prison. Credit: Alex Levac

Israel Katz in the Knesset, last month. Credit: Noam Revkin Fenton
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The man was initially arrested on criminal suspicions, but lacking evidence, is now being held without trial. Appellants argue that Defense Minister Katz's policy of banning the practice against Jews should apply to all citizens under the principle of equality

by Hagar Shezaf for Haaretz
Dec 6, 2024 12:39 pm IST

A 33-year-old man from northern Israel who was arrested in November and remains in detention despite not being charged with a crime has appealed to Israel's Supreme Court for release on the grounds of equal application of state policy.

Defense Minister Israel Katz announced last month that he would not approve arresting and holding settlers without charging them, a policy known as administrative detention, as had been the norm before he replaced Yoav Gallant as defense chief. The appellant is arguing that applying a policy only to Arabs and not to Jews constitutes discrimination.

The appellant, a resident of the Jezreel Valley town of Yafia, was arrested on November 17 on suspicion of voicing support for acts of terrorism, membership in a terrorist organization and planning to commit a terrorist act. His remand was extended by a week, but after police failed to establish evidence against him, he was slapped with six months of administrative detention. Authorities argued that he posed a clear and present danger.

The man's counsel argued at his district court hearing that given Katz's new policy, an administrative detention order constituted discrimination and selective enforcement. However, Judge Saeb Dabur rejected the argument, saying that it had no factual basis and did not present any facts indicating a discriminatory policy.

The appeal to the High Court regarding the district court's decision was filed by Adalah Legal Center for Arab Minority Rights in Israel and the Al Mezan Center for Human Rights. It argues that under the principle of equality, if Katz's policy is legal it must apply equally to all Israeli citizens.

The appeal cites Katz's own arguments to justify his decision, including that in the event of criminal suspicions, the correct procedure is an indictment. He later said that the use of administrative detention would stop out of a "commitment to democratic principles that do not permit any democracy in the world to use such orders against people without due process." The appellants added that while the reasons cited by Katz were justified, "the decision is flawed so long as it does not apply equally to all citizens, including in the appellant's case."

After filing the appeal, Adv. Nareman Shehadeh Zoabi of Adalah said, "Signing a detention order against a Palestinian who is an Israeli citizen almost immediately after declaring that Jews will be granted immunity against the use of this draconian measure is further proof that the organizing logic on which the minister's policy is based is racist and intended to promote and deepen Israeli apartheid without hiding his intention to do so."

Earlier on Thursday, Katz tweeted on X, "The policy I decided on in the matter of administrative orders is valid and upheld in full." The tweet followed a report on i24 News on Wednesday evening that Katz had said at a meeting that there would be no discrimination between Jews and Arabs.

Prison Service figures for September (the last month for which data is available) show that 43 Israeli Arab citizens and seven Jewish citizens were held under administrative detention at the time. As of December 1, 3,428 Palestinians were held under administrative detention in Israeli prisons. The IDF Central Command commander signed the detention orders.

Following Katz's decision, jurists told Haaretz that his decision was patently illegal and said it would likely be overturned by the High Court of Justice.