news
News in Israel
Criminal news and law
THE COURT: There is no bar to prisoners married to each other being held together in a double cell
The petition of a couple of married gay prisoners who wanted to be imprisoned together was rejected, but the judge ruled in a precedent that prisoners also have the right to family life.
The two are being held in custody until the end of the proceedings, while on trial for fraud and theft.
"The rights of the prisoner are not different from the rights of any other person and must be preserved," the judge clarified
Tags
IPS
Haifa District Court
Prisoners
Yoav Itiel
Saturday, 19 September 2020, 14:39
Share on Facebook
Share on WhatsApp
Share on general
Share on general
Share on Twitter
Share on Email
0 comments
USA: Supreme Court Justice Bader Ginzburg dies ...
Suspicion of murder in the Negev: A 30-year-old woman was shot dead ...
Harris in Florida criticizes Trump for underestimating ...
The president of the province of Madrid in Spain announces restrictions on traffic ...
Noa Kirl was photographed for a video with Netanyahu, contrary to the instructions ...
A month after the disaster: A fire broke out in the port of Beirut on 10.9.20
With checkpoints and 7,000 policemen and soldiers: the general closure ...
Thousands demonstrate against Netanyahu in Jerusalem and Caesarea;
The self-employed ...
In the video: Blade 433 will open an investigation against the prisoner who was locked in a cell with two criminal inmates at Zalmon Prison (Walla! NEWS photographers)
The Haifa District Court rejected a petition by a couple of gay prisoners who married each other, and asked to be imprisoned together, but ruled precedent-settingly that in principle there is no impediment to this.
The couple, Itamar, 32, and Amit, 23, plan to keep trying.
They were married in California and again in Tel Aviv, and are being held in custody while a lawsuit is filed against them for offenses of fraud, theft and impersonation.
While the two claimed their right to family life, the Prisons Service objected and sought to delete the petition outright.
The couple were initially held in the Zalmon Detention Center in separate cells, although the investigation into their case has ended.
They told of harassment by prison guards and inmates, who also called them derogatory names, harmed them and beat them.
Since then, according to the couple, Itamar has been transferred to the Kishon detention center and later to the Sharon prison, and Amit has been transferred to the Damon prison.
"It does not matter to them where they are, the main thing is to be together, even at the end of the world," said the public defender representing the two, who claim that the IPS 'decision to separate them from different prisons stems from irrelevant considerations and prohibited discrimination on the grounds of sexual orientation.
More on Walla!
NEWS
The suspect in the attempted murder of his partner in Mitzpe Ramon is silent during his interrogation, the woman's condition is serious
A large appeal from Bnei Brak who was convicted of raping a young woman was rejected: "Believed in his power and authority"
Suspicion of double murder in Nazareth: A young man and a man were shot dead at the club
5 things that must be done soon when entering a new and empty apartment
"Violation of the right to family life."
The couple Itamar and Amit
Haifa District Court President Justice Ron Ron Shapira rejected the couple's petition, but noted that there is a lacuna in the law, and that in fact "there is no arrangement regarding the prison rights of same-sex married couples." He added that "the court is not a legislature." "And that after examining the case, he did not find that the authority's decision was arbitrarily tainted or that there was a defect that required the court's intervention." There is no legal basis that obliges the IPS to exercise this right in this case,
However, in the same decision, the judge paved the way for the requested arrangement with the IPS. He noted that prisoners also have a constitutional right to family life, and that "the prisoner's rights are no different from any other person's rights, and care must be taken to preserve his constitutional rights." The judge further added that "violation of the right to family life constitutes a violation of a person's right to dignity, as well as a violation of the autonomy of the individual."
More on Walla!
NEWS
Election posters, a full Kinneret and smiles in the White House: 5754 in photos
To the full article
Judge Shapira ruled that the dismissal of the couple was open to the IPS transfer committee, and that "the committee has the power to consider all the relevant and professional considerations in the matter, and will also take into account the special circumstances of the case." against the two men sought the arrest until the legal proceedings, claiming that it was a pair of men are dangerous to the public, who commit a serious level, there is concern that if released would continue them.
Itamar discharge was 15 when he and his family were injured in the attack at the Maxim restaurant, although it is served in Full in the IDF, he was appreciated and is recognized in Haifa as an environmental activist and volunteer in the municipality's welfare department.
But at the same time, since 2011, it has been a familiar face to the law enforcement system.
He has been convicted several times of fraud, and in 2018 he was sentenced to a year and a half of actual imprisonment, including for 91 different police cases opened against him and consolidated.
In 2017, he was sentenced to a year and a half in prison for 58 fraud and other impersonation cases.
In 2012, he was sent to prison for two and a half years for involvement in a robbery of an elderly person in the Carmel Center.
The present case is the eighth in which he finds himself behind bars.
The partner Amit Hepter, a member of the Druze community who was known as Jimmy Hamud before he was known to convert to Islam, convert and marry, also has a criminal record with convictions in the field of threats and violence.
This is his ninth entry into prison.
"The ruling left an opening of hope."
Inmates being brought to Damon Prison (Photo: Adrian Herbstein)
Adv. Oleg Fergin, representing Itamar Hepter on behalf of the Public Defender's Office, intends to exhaust the procedure before the IPS and told Walla!
NEWS that "although the petition was rejected at this time, the court nevertheless insists on the importance of preserving the right to family life, even when it comes to detainees and prisoners."
He added that the court recognized the fact that the situation of inmates of the same sex is currently not regulated at all in ordinances and procedures, and ruled that in principle there is no prevention for inmates who are first-degree family members to be held together. "
Adv
.
Yitzhak Levy representing Amit "We will study the ruling and consider our next steps. It is important to note that the ruling left an opening of hope for the petitioners."
Share on Facebook
Share on WhatsApp
Share on general
Share on general
Share on Twitter
Share on Email
0 comments
