Therefore, apart from the matter of the three daily signatures, against the background of the location of the facility and the nature of its occupants, I myself would leave the law in place. However, in order to contribute to the dialogue between the court and the government and the Knesset, I will add one last comment. The position of my colleagues can be understood, and this is my opinion, as follows: With regard to the period of detention, it is possible that the upper threshold should be lowered even further, and it should also be determined that continued detention is subject to the existence of another channel of release or deportation, even if it is not formulated. As for the open residence center, it seems that some of the conditions can be changed in accordance with the constitutional review of my friends, and subject to that, it should be left in place.
As stated, I agree with the opinion of President A. Grunis.
Judge
The result is therefore as follows:
- It was decided, by a majority opinion of Vice President Naor, Justice (ret.) A. Arbel and Justices S. Jubran, A. Hayut, Y. Danziger andA. Vogelman, and in the face of the dissenting opinion of President A. Grunis and Justices N. Hendel andY. Amit, to immediately repeal Section 30A of the Prevention of Infiltration Law. It will be replaced by the arrangement set out in the Entry into Israel Law. In this regard, it was determined that Section 13f(a)(4) of the Entry into Israel Law, which authorizes the Border Control Officer to release on bail an illegal alien who has been in custody for more than 60 consecutive days, will apply as of October 2, 2014.
- It was decided, by a majority opinion of Vice President Naor, Justice (ret.) A. Arbel and Justices S. Jubran, A. Hayut, Y. Danziger, A. Vogelman andY. Amit, contrary to the dissenting opinion of President A. Grunis and Justice N. Hendel, to repeal Chapter D of the Prevention of Infiltration Law. According to the decision of the majority justices:
(a) Declaration of nullity regarding Chapter 4 In its entirety, it will be suspended for a period of 90 days. The nullity of Section 32H(a) of the law and of Regulation 3 The Attendance Regulations will come into effect on September 24, 2014 at 13:00. Until the entry into force of the declaration of nullity relating to To Chapter 4 The entire law will be called Section 32H(a) The law stipulates that a resident will be required to report to the center twice a day, on the scheduled dates of reporting In Regulation 3(1) and3(3) to the attendance regulations. In other words, as of September 24, 2014, the noon count is canceled. The morning and evening counts will remain in place, all until the end of the period of suspension of the declaration of nullity.