So far the factual basis that needs to be decided, and hence the constitutional examination itself.
3. Section 30A of the Law
- Section 30A of the law, which was the focus of the hearing in the Adam case, allows an infiltrator to be held in custody for a maximum period of three years. The clause before us now establishes a maximum retention period of one year; This is what he says:
| Coming before the Border Control Commissioner and his powers
|
30A. (a) An infiltrator who is in custody will be brought before the Border Control Officer, no later than five days from the date of the beginning of his detention.
(b) The Border Control Commissioner may release an infiltrator with a financial guarantee, a bank guarantee or other appropriate guarantee, or under such conditions as he deems appropriate (in this law – guarantee), if he is convinced that one of the following is met: (1) Due to the age or state of health of the infiltrator, his detention may cause harm to his health, and there is no other way to prevent such damage; (2) There are special humanitarian reasons other than those stated in paragraph (1) that justify the release of the infiltrator on bail, including if, as a result of detention, a minor remains unsupervised; (3) The infiltrator is a minor who is not accompanied by a family member or guardian; (4) The infiltrator's release on bail is sufficient to assist in his deportation proceedings; (5) Three months have passed since the date on which the infiltrator submitted an application for a visa and a permit to reside in Israel under the Entry into Israel Law, and the application has not yet begun; (6) Six months have passed from the date on which the infiltrator submitted an application as stated in paragraph (5) and a decision has not yet been made on the application. (c) The Border Control Commissioner will release an infiltrator on bail if one year has passed since the date the infiltrator began to be held in custody. |