Judge E. Hayut:
- I agree with the broad opinion of my colleague Justice A. Vogelman. Indeed, Section 30A 30Prevention of Infiltration Law (Offenses and Jurisdiction), 5714-1954 (hereinafter: The Law), even according to its new and "softened" version of Amendment 4 to the law, it does not pass the constitutional test because it persists in the approach according to which it is possible to hold in the custody of infiltrators in whose case there is no effective deportation proceeding for reasons that are not dependent on them, such as the infiltrators who are Eritrean nationals, for whom the state adopts a temporary policy of non-deportation in accordance with the principle of "non-return" (Non Refoulement) and the example of the citizens of the Republic of Sudan, who are also not excluded in practice as a matter of policy. These nationals of Eritrea and the Republic of Sudan constitute, as noted by my colleague Justice A. Vogelman, the majority of the population of infiltrators in Israel, and the shortening of the period of detention in such a way as to limit it to one year under Amendment 4 to the law instead of three years according to its previous version, does not address the constitutional difficulty inherent in keeping infiltrators in custody for non-deportation purposes, after they have been identified and classified as non-deportees.
- As for Chapter 4' of the law relating to the establishment of the residence center, as well as with regard to the petition thatIn a High Court of Justice case 7385/13 submitted by the residents of south Tel Aviv, I have no choice but to join the comments of my colleague Vice-President M. Naor in paragraphs 4-6 of her opinion. The same is true with regard to what my colleague wrote in paragraph 3 of her opinion regarding the duty imposed on us in the framework of the constitutional dialogue that we are maintaining with the legislative branch, to reaffirm the nullity of the provisions in Amendment No. 4 to the Law, since this amendment does not provide a solution to the unconstitutionality of the law that we have pointed out In a High Court of Justice case 7146/12 Adam v. Knesset [Posted inNevo] (16.9.2013).
Judge