Judge Rachel Barkai of the Be’er Sheva Administrative Court rejected on Sunday a request by infiltrators and leftist organizations to issue an intermediate order forbidding the state from detaining them.
The infiltrators had refused the state’s orders to leave Israel and go to a third country – i.e., a country that is not Israel, but is not their country of origin either – until a final court decision is reached in the motion against the Law for Prevention of Infiltration.
The third country is defined as being safe, and refusal to go there is therefore defined as uncooperative behavior on the part of the infiltrator.
The judge accepted the State’s arguments and determined that the appellants did not present convincing evidence that they would be in danger in the third countries.
The court said that Israel was showing sensitivity toward the infiltrators and ensuring that the third countries stood up to the following criteria: There is no state of war or general rioting there; the UNHCR does not oppose eviction to the country; generally, there is no danger to the life or freedom of the infiltrator there; refugee status can be requested there; torture is forbidden there, and the country has given a commitment to allow the infiltrator to live with dignity.