Court rejects Central Command chief's appeal, restriction order on suspect in sexual assault of Palestinian revoked
The Jerusalem District Court rejected the appeal filed by Central Command chief Avi Bluth against the military appeals committee's decision to revoke the restriction order on Tal Yanon Dardik, a suspect in the sexual assault of a Palestinian. Dardik, a resident of the outpost Kfar Tapuach, has been under administrative detention for 34 days after refusing to comply with an order requiring him to stay at his mother-in-law's home in Adi Ad. The committee ruled the conditions were not feasible, partly because the house was too small and his mother-in-law refused. Judge Avraham Rubin found no flaw in the decision and stated a new order with feasible conditions could be issued. A stay of execution was granted until Tuesday for an appeal to the Supreme Court.
The Jerusalem District Court today rejected the appeal filed by Central Command chief Avi Bluth against the military appeals committee's decision to revoke the restriction order on Tal Yanon Dardik, a resident of the outpost Kfar Tapuach near Atara, suspected of involvement in a serious sexual assault in Homesh. Dardik has been under administrative detention for 34 days after refusing to comply with an order requiring him to stay at his mother-in-law's home in Adi Ad. The military appeals committee accepted his claim that the conditions set in the order were not feasible, partly because his mother-in-law's house was too small and also because his mother-in-law herself refused to have him stay with her under the order. The committee, which did not dispute the need for restriction and supervision, ruled that the regional commander may issue a new order with feasible conditions elsewhere. The Defense Minister instructed Bluth not to issue a new order and to act through other means, but Bluth filed an appeal to the district court, which was rejected. Judge Avraham Rubin ruled that there was no flaw in the committee's decision and that the way to issue a new order remains open. At the request of the prosecution and the military prosecution, a stay of execution was granted until Tuesday for filing an appeal to the Supreme Court. The Honenu organization, representing Dardik, welcomed the decision, and attorney Moshe Polsky said that two courts have ruled the order invalid.