The Yerushalayim Magistrate’s Court on Tuesday ordered the release of right-wing activist Tal Yinon Dardik after 38 days in detention, rejecting a police request to impose restrictive conditions and criticizing authorities for attempting to link the criminal case against him with a newly issued administrative order.
Judge Amir Shaked ruled that Dardik, who is suspected of involvement in violence against Palestinians, should be released immediately and without restrictions. In his decision, the judge criticized the Judea and Samaria District Police for trying to intertwine the ongoing criminal proceedings with a new administrative order that had recently been issued against him.
Although the court ordered his release, Dardik was informed that a new order signed Monday by the commander of the IDF Central Command remains in force and prohibits him from entering Judea and Samaria.
The criminal case centers on an indictment charging Dardik with violating a lawful military order and interfering with a police officer. According to prosecutors, intelligence information linked him to unlawful and violent activities that endangered lives and property, prompting the commander of IDF forces in Judea and Samaria to issue an order on June 9 barring him from entering the region.
On the same day, military authorities also ordered Dardik to remain at his mother-in-law’s home in the community of Adei Ad in Judea and Samaria. Court documents state that subsequent inspections found he was not staying there and was instead allegedly hiding at the Tirpon Farm outpost.
On July 9, the Magistrate’s Court had previously ruled that Dardik could be released to house arrest at Tirpon Farm under the supervision of his wife, finding that the evidence supporting the charges was relatively weak. The court also pointed out that the indictment was not based on his mere presence in Judea and Samaria and questioned how authorities could simultaneously require him to remain in the area while also prohibiting him from entering it.
The court further found that the allegation Dardik violated the house arrest order was weakened by the fact that his mother-in-law had never agreed to have him confined in her home, despite the order requiring him to remain there.
Prosecutors appealed that decision, and the Jerusalem District Court overturned it. The higher court concluded there was sufficient evidence at this stage to support the charges and found no dispute that Dardik had failed to comply with the military order. However, it ruled that any challenge to the legality of the order itself should be addressed during the criminal proceedings rather than in detention hearings.
An appeals committee later instructed the commander of the Central Command to replace one of the existing conditions with a new one. On Aug. 9, a court upheld that decision, ruling that the committee had acted within its legal authority.
The following day, the commander issued a new administrative order against Dardik. Police then asked the court to release him, but only if his release was made subject to the conditions contained in the new order.
Judge Shaked rejected that request, saying the police had improperly attempted to merge the criminal proceedings with the new administrative restrictions.
“It is impossible to accept such conduct, in which the applicant chose to intertwine the criminal and administrative proceedings. The court cannot make the respondent’s release dependent upon compliance with release conditions whose sole purpose is to prevent a violation that has not yet occurred in light of the issuance of the new order. This is especially so when the respondent is already behind bars. Such a course of action cannot be accepted.”
The judge noted that the new administrative order had been issued while Dardik was already in custody and emphasized that the indictment concerns only the alleged violation of the earlier June 9 order, which has since been replaced.
He further ruled that Dardik could not remain in jail based solely on speculation that he might violate the new order in the future. If such a violation were to occur, authorities could respond at that time, but the possibility alone did not justify keeping him detained.
The court ultimately denied the police request to condition Dardik’s release on compliance with the new administrative order and ordered that he be freed immediately after 38 days in custody. At the same time, the judge made clear that the newly issued order remains legally valid and in force.
Following the ruling, Dardik’s attorney, Nati Rom, welcomed the decision.
“We have now received Judge Amir Shaked’s decision ordering the immediate and unconditional release of Tal Yinon Dardik. We are pleased that the defense’s arguments from the very beginning have been accepted. This order is unenforceable, the military commander issued it without legal authority. The order is therefore effectively void, meaning there was no violation and no justification for his arrest. We are happy that he has been released and hope that this time the judicial decisions will be respected and that he will be able to rebuild his life and support his family.”
After being released, Dardik thanked those who supported him and vowed to continue opposing what he described as government policies targeting settlement activists.
“I want to thank the people of Israel and everyone who worked on my behalf. It is very important for me to say that this struggle is far from over, and we will continue with all our strength to fight the policies of Minister Katz and General Bluth, a policy of persecuting the settlement movement. Administrative orders directed specifically against settlement activists are something that must come to an end.”
Dardik also said he had just completed a lengthy hunger strike while in custody.
“I have now been released after a prolonged 37-day hunger strike. I am physically weak, but my spirit remains strong, and I trust in God to continue this struggle until the very end.”
{Matzav.com}
