Judge orders Palestinian woman who infiltrated Israel to be released because 'war subsided'
Though the IDF is fighting in the North and South and tensions are rising in the West Bank, a Palestinian woman who illegally entered Israel must be released due to the war subsiding, a judge ruled.
A judge ordered the release of a Palestinian woman who illegally infiltrated Israeli territory because "the war has subsided." This is despite how the IDF is currently fighting in both the North and South and with tensions rising in the West Bank.
The Palestinian woman in question managed to enter Israeli territory, board a train, and took to TikTok, announcing that she is a Palestinian who managed to enter Israel without an entry permit. A civilian called the police, who found and arrested her.
In the indictment against her, Judge Avi Westerman of the Rishon Lezion Magistrate's Court ordered her detention in police custody extended. However, the woman filed an appeal against this decision with the Lod District Court. Judge Efrat Fink ruled for her release from custody.
Why did the judge order the Palestinian woman to be released?
"Since the start of the war on October 7, 2023, there has been a change regarding calls to arrest illegal residents in Israel, as courts started to give considerable weight to the danger of these suspects, even in indictments claiming no crime other than illegal entry," FInk's decision read.
"Nevertheless, the Supreme Court has already established more than once that no general category should be determined regarding all illegal residents. Rather, each case should be examined on a case-by-case basis. Among other things, they should always consider the war's status, meaning the current general level of risk, as well as the specific probability of danger from each suspect."
Fink determined that the woman should be released because, before October 7, she had passed through the security checkpoint and received a work permit. This is despite the prosecution stressing to the judge that the woman didn't pass through stricter security checkpoints set up after October 7.
Fink further noted that the woman should be released because of the state of the war in the South.
"Requests to extend detention until the end of legal proceedings for residents of areas A and B of the West Bank.... are not considered lawful at this time, when the war has subsided."
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